What is the burden of issue preclusion?
California, United States of America
The following excerpt is from Angeles v. & (In re Joshua D.), C076119 (Cal. App. 2015):
The proponent of claim or issue preclusion bears the burden to show the elements have been met, specifically, that the primary right or litigated issues are the same in the current and prior matters. (See Lucido v. Superior Court (1990) 51 Cal.3d 335, 341 [collateral estoppel]; Vella v. Hudgins (1977) 20 Cal.3d 251, 257 [res judicata].)
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