California, United States of America
The following excerpt is from Boeken v. Philip Morris USA. Inc, 108 Cal.Rptr.3d 806, 230 P.3d 342, 48 Cal.4th 788 (Cal. 2010):
As generally understood, [t]he doctrine of res judicata gives certain conclusive effect to a former judgment in subsequent litigation involving the same controversy. [Citation.] The doctrine has a double aspect. [Citation.] In its primary aspect, commonly known as claim preclusion, it operates as a bar to the maintenance of a second suit between the same parties on the same cause of action. [Citation.] [Citation.] In its secondary aspect, commonly known as collateral estoppel, [t]he prior judgment ... operates in a second suit ... based on a different cause of action ... as an estoppel or conclusive adjudication as to such issues in the second action as were actually litigated and determined in the first action. [Citation.] [Citation.] The prerequisite elements for applying the doctrine to either an entire cause of action or one or more issues are the same: (1) A claim or issue raised in the present action is identical to a claim or issue litigated in a prior proceeding; (2) the prior proceeding resulted in a final judgment on the merits; and (3) the party against whom the doctrine is being asserted was a party or in privity with a party to the prior proceeding. [Citations.] ( People v. Barragan (2004) 32 Cal.4th 236, 252-253, 9 Cal.Rptr.3d 76, 83 P.3d 480.)
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