What is the test for determining whether a party has a right to sue for damages at the Superior Court of Justice?
California, United States of America
The following excerpt is from Butcher v. Truck Insurance Exchange, 77 Cal. App.4th 1442, 92 Cal.Rptr.2d 521 (Cal. App. 2000):
6. "Courts to determine the rights of parties are an integral part of our system of government. It is just as important that there should be a place to end as that there should be a place to begin litigation. After a party has his day in court, with opportunity to present his evidence and his view of the law, a collateral attack upon the decision as to jurisdiction there rendered merely retries the issue previously determined. There is no reason to expect that the second decision will be more satisfactory than the first." (Stoll v. Gottlieb (1938) 305 U.S. 165, 172 [Reed, J.].)
6. "Courts to determine the rights of parties are an integral part of our system of government. It is just as important that there should be a place to end as that there should be a place to begin litigation. After a party has his day in court, with opportunity to present his evidence and his view of the law, a collateral attack upon the decision as to jurisdiction there rendered merely retries the issue previously determined. There is no reason to expect that the second decision will be more satisfactory than the first." (Stoll v. Gottlieb (1938) 305 U.S. 165, 172 [Reed, J.].)
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