Is collateral estoppel appropriate to establish liability in a civil case based upon a prior felony conviction?

California, United States of America

The following excerpt is from Kerley v. Weber, 238 Cal.Rptr.3d 781, 27 Cal.App.5th 1187 (Cal. App. 2018):

Applying collateral estoppel to establish liability in a civil case based upon a prior felony conviction is appropriate when the prior criminal case established all the elements of the civil claims. ( Miller v. Superior Court (1985) 168 Cal.App.3d 376, 381382, 214 Cal.Rptr. 125.) Here, in finding Weber guilty under Penal Code section 368, subdivision (d) the trial court necessarily found all the elements of financial abuse of an elder under Welfare and Institutions Code section 15610.30.

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Is collateral estoppel appropriate to establish liability in a civil case based upon a prior felony conviction? (California, United States of America)

When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)

Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)

Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)

Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)

In a motion to strike a serious prior felony conviction in the interest of justice, how have the courts treated prior criminal convictions in the context of the application? (California, United States of America)

Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)

In a motion to dismiss a conviction for a prior felony conviction for failing to complete probation, what is the burden on the court? (California, United States of America)

In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)

Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)

Is collateral estoppel appropriate to establish liability in a civil case based upon a prior felony conviction?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources