What is the effect of claim preclusion on a motion brought by a defendant in a second action?

California, United States of America


The following excerpt is from Brown v. Kyle (In re Estate of Greenwell), B298811 (Cal. App. 2020):

"Claim preclusion prevents relitigation of entire causes of action. [Citations.] Claim preclusion applies only when 'a second suit involves (1) the same cause of action (2) between the same parties [or their privies] (3) after a final judgment on the merits in the first suit.'" (Samara v. Matar (2018) 5 Cal.5th 322, 326-327; accord, Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73, 91.) Under claim preclusion, "if a plaintiff prevails in an action, the cause is merged into the judgment and may not be asserted in a subsequent lawsuit; a judgment for the defendant serves as a bar to further litigation of the same cause

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