What is the test for claiming and issue preclusion in a personal injury action?

California, United States of America


The following excerpt is from Tim M. Belnap, D.D.S., Inc. v. Connie L. Pierce, D.D.S., Inc., D071245 (Cal. App. 2018):

"Claim and issue preclusion have different requirements and effects. Claim preclusion prevents relitigation of entire causes of action. [Citation.] 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.' [Citation.] Issue preclusion, by contrast, prevents 'relitigation of previously decided issues,' rather than causes of action as a whole. [Citation.] It applies only '(1) after final adjudication (2) of an identical issue (3) actually litigated and necessarily decided in the first suit and (4) asserted against one who was a party in the first suit or one in privity with that party.' [Citation.] Courts have understood the ' "necessarily decided" ' prong to 'require[ ] only that the issue not have been "entirely unnecessary" to the judgment in the initial proceeding' [citation]leaving room for a decision based on two grounds to be preclusive as to both." (Samara v. Matar, supra, 5 Cal.5th at pp. 326-327.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
What is the test for claiming preclusion in a personal injury action? (California, United States of America)
What is the limitation on personal injury claims by a plaintiff in a personal injury case? (California, United States of America)
How have courts dealt with personal injury claims in personal injury cases? (California, United States of America)
How have we dealt with the issue of personal injury in a personal injury case? (California, United States of America)
How have the courts dealt with the issue of personal injury in a personal injury case? (California, United States of America)
In a personal injury action, how have attorney fees been awarded in personal injury cases? (California, United States of America)
How have we dealt with the issue of personal injury in a personal injury appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.