What is the test for res judicata?

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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