California, United States of America
The following excerpt is from Strangman v. Duke, 140 Cal.App.2d 185, 295 P.2d 12 (Cal. App. 1956):
The rule of res judicata does not apply to causes or issues which were not and could not be before the court in the first proceeding. (15 Cal.Jur. 198, p. 151.) 'A judgment is not an adjudication of those matters which were not and could not properly be relied upon and determined in the previous action; but is conclusive where the requiste jurisdiction exists, of all those matters which it clearly adjudicates.' Maxfield v. Burtt, 121 Cal.App.2d 102, 114, 262 P.2d 580, 588. There was no issue of fraud presented to the court in the instant proceeding. No such issue could have been tried herein and the order could not operate as res judicata in that respect.
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