What is the test for res judicata?

California, United States of America


The following excerpt is from Dacey v. Taraday (In re Estate of Goldstein), A126507, No. PES-01-282503 (Cal. App. 2011):

"The doctrine of res judicata precludes parties or their privies from relitigating an issue that has been finally determined by a court of competent jurisdiction. [Citation.] 'Any issue necessarily decided in such litigation is conclusively determined as to the parties or their privies if it is involved in a subsequent lawsuit on a different cause of action.' [Citation.]" (Levy v. Cohen (1977) 19 Cal.3d 165, 171.) Three elements must be met for res judicata to adhere: "(1) Was the issue decided in the prior adjudication identical with the one presented in the action in question? (2) Was there a final judgment on the merits? (3) Was the party against whom the plea is asserted a party to or in privity with a party to the prior adjudication? [Citations.]" (Id. at p. 171.)

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