How have courts interpreted the rule that prior determination is not conclusive either if injustice would result or if the public interest requires that the prior determination not to be foreclosed?

California, United States of America


The following excerpt is from Arcadia Unified School Dist. v. State Dept. of Education, 2 Cal.4th 251, 5 Cal.Rptr.2d 545, 825 P.2d 438 (Cal. 1992):

We recently affirmed the rule that, " 'when the issue is a question of law rather than of fact, the prior determination is not conclusive either if injustice would result or if the public interest requires that relitigation not be foreclosed. [Citations.]' " (City of Sacramento, supra, 50 Cal.3d at p. 64, 266 Cal.Rptr. 139, 785 P.2d 522, quoting Consumers Lobby Against Monopolies v. Public Utilities Com. (1979) 25 Cal.3d 891, 902, 160 Cal.Rptr. 124, 603 P.2d 41.) The issue in City of Sacramento was whether local governments were entitled to subvention of the costs of extended mandatory unemployment insurance coverage. We determined that the state should not be bound by a prior judgment on the issue because "the consequences of any error transcend those which would apply to mere private parties"; any error would also affect the taxpayers and employers of the state. (City of Sacramento, supra, 50 Cal.3d at pp. 64-65, 266 Cal.Rptr. 139, 785 P.2d 522.)

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