594 California opinions name it 5 courts 1905–2026 95 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Mycogen Corp. v. Monsanto Co.green2 sentences2025Res judicata … prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity with them.” (Mycogen, supra, 28 Cal.4th at p. 896 .) “The prerequisite elements of res judicata … are (1) the claim in the present action must be identical to a claim litigated or that could have been 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.” (Bucur v. Ahmad (2016) 244 Cal.App.4th 17 2025Therefore, [the plaintiff’s] second action . . . is barred under the doctrine of res judicata.” (Id. at p. 909, fn. omitted.) Mycogen thus supports the Restatement’s rule that when a contract is repudiated and the plaintiff thereafter commences an action on that contract, “he is obliged . . . to claim all his damages with respect to the contract, prospective as well as past, and judgment in the action precludes any further action by the plaintiff for damages arising from the contract.” (Rest.2d Judgments, § 26, com. g.) Or to paraphrase Mycogen, “a 17 [total] breach of contract gives rise to a | 43 | 92 |
DKN Holdings LLC v. Faerbergreen2 sentences2026Even if the Complaint now adds Ms. Milone’s infant son and additional facts about insect infestations, the gist of Plaintiffs[’] action is still that Defendant maintained the unit in an uninhabitable condition throughout the same time period.” Thus, Tenants’ action was barred. 1 We use “the terms ‘claim preclusion’ to describe the primary aspect of the res judicata doctrine and ‘issue preclusion’ to encompass the notion of collateral estoppel.” (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824 .) 5 Tenants appealed. 2025Collateral estoppel, or issue preclusion “Issue preclusion, the ‘“‘secondary aspect’”’ [of the res judicata doctrine] historically called collateral estoppel, describes the bar on relitigating issues that were argued and decided in the first suit.” (DKN Holdings, supra, 61 Cal.4th at p. 824 .) “Issue preclusion prohibits the relitigation of issues argued and decided in a previous case, even if the second suit raises different causes of action.” (DKN Holdings, supra, 61 Cal.4th at p. 824 .) “Under issue preclusion, the prior judgment conclusively resolves an issue actually litigated and determi | 19 | 42 |
Boeken v. PHILIP MORRIS USA, INC.green2 sentences2025“Of these elements, the primary right and duty and the delict or wrong combined constitute the cause of action in the legal sense of the term … .” ’ ” ( Boeken, supra, at pp. 797–798, quoting McKee v. Dodd (1908) 152 Cal. 637, 641 .) Further, “ ‘[i]n California the phrase “cause of action” is often used indiscriminately ... to mean counts which state [according to different legal theories] the same cause of action … .’ ” ( Boeken, supra, 48 Cal.4th at p. 798, quoting Eichler Homes of San Mateo, Inc. v. Superior Court (1961) 55 Cal.2d 845, 847 .) However, “for purposes of applying the doctrine 2025“Of these elements, the primary right and duty and the delict or wrong combined constitute the cause of action in the legal sense of the term … .” ’ ” ( Boeken, supra, at pp. 797–798, quoting McKee v. Dodd (1908) 152 Cal. 637, 641 .) Further, “ ‘[i]n California the phrase “cause of action” is often used indiscriminately ... to mean counts which state [according to different legal theories] the same cause of action … .’ ” ( Boeken, supra, 48 Cal.4th at p. 798, quoting Eichler Homes of San Mateo, Inc. v. Superior Court (1961) 55 Cal.2d 845, 847 .) However, “for purposes of applying the doctrine | 19 | 40 |
Bernhard v. Bank of America National Trust & Saving Associationgreen2 sentences2016The secondary aspect is “collateral estoppel” or “issue preclusion,” which does not bar a second action but “precludes a party to an action from relitigating in a second proceeding matters litigated and determined in a prior proceeding.” ’ ” (Kelly v. Vons Companies, Inc. (1998) 67 Cal.App.4th 1329, 1335 [ 79 Cal.Rptr.2d 763 ].) “The doctrine of res judicata, whether applied as a total bar to further litigation or as collateral estoppel, ‘rests upon the sound policy of limiting litigation by preventing a party who has had one fair adversary hearing on an issue from again drawing it into contro 2016The secondary aspect is “collateral estoppel” or “issue preclusion,” which does not bar a second action but “precludes a party to an action from relitigating in a second proceeding matters litigated and determined in a prior proceeding.” ’ ” (Kelly v. Vons Companies, Inc. (1998) 67 Cal.App.4th 1329, 1335 [ 79 Cal.Rptr.2d 763 ].) “The doctrine of res judicata, whether applied as a total bar to further litigation or as collateral estoppel, ‘rests upon the sound policy of limiting litigation by preventing a party who has had one fair adversary hearing on an issue from again drawing it into contro | 15 | 22 |
Lucido v. Superior Courtgreen2 sentences2018(See Mycogen Corp. v. Monsanto Co., supra, 28 Cal.4th at p. 896, fn. 7 , 123 Cal.Rptr.2d 432 , 51 P.3d 297 ; Lucido v. Superior Court (1990) 51 Cal.3d 335 , 341, fn. 3, 272 Cal.Rptr. 767 , 795 P.2d 1223 ; see also DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813 , 824, 189 Cal.Rptr.3d 809 , 352 P.3d 378 .) We shall follow the lead of our Supreme Court in using the term "res judicata" to signify the broader doctrine, including both its primary and secondary aspects, while using "the terms 'claim preclusion' to describe the primary aspect of the res judicata doctrine and 'issue preclusion' to e 2018(See Mycogen Corp. v. Monsanto Co., supra, 28 Cal.4th at p. 896, fn. 7 , 123 Cal.Rptr.2d 432 , 51 P.3d 297 ; Lucido v. Superior Court (1990) 51 Cal.3d 335 , 341, fn. 3, 272 Cal.Rptr. 767 , 795 P.2d 1223 ; see also DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813 , 824, 189 Cal.Rptr.3d 809 , 352 P.3d 378 .) We shall follow the lead of our Supreme Court in using the term "res judicata" to signify the broader doctrine, including both its primary and secondary aspects, while using "the terms 'claim preclusion' to describe the primary aspect of the res judicata doctrine and 'issue preclusion' to e | 13 | 21 |
Vandenberg v. Superior Courtgreen2 sentences2016When two actions involving the same parties seek compensation for the same harm, they generally involve the same primary right.” (Boeken, at p. 798; accord, Federal Home Loan Bank, at pp. 1530-1531.) Application of the doctrine of res judicata “is intended to preserve the integrity of the judicial system, promote judicial economy, and protect litigants from harassment by vexatious litigation.” (Vandenberg v. Superior Court (1999) 21 Cal.4th 815, 829 .) It promotes judicial economy by “‘“preclud[ing] piecemeal litigation founded on splitting a single cause of action or relitigation of the same 2014LeVine, Inc. v. Higashi (2005) 131 Cal.App.4th 566, 576-579 (LeVine); Brinton, supra, 76 Cal.App.4th at pp. 556-558; Thibodeau v. Crum (1992) 4 Cal.App.4th 749, 755 ; Sartor v. Superior 5 Court (1982) 136 Cal.App.3d 322, 328 (Sartor).)4 “A predictable doctrine of res judicata benefits both the parties and the courts because it ‘seeks to curtail multiple litigation causing vexation and expense to the parties and wasted effort and expense in judicial administration.’ [Citation.]” (Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 897 ; see also Vandenberg, supra, 21 Cal.4th at p. 829 [the pur | 11 | 18 |
Slater v. Blackwoodgreen2 sentences2025“Of these elements, the primary right and duty and the delict or wrong combined constitute the cause of action in the legal sense of the term … .” ’ ” ( Boeken, supra, at pp. 797–798, quoting McKee v. Dodd (1908) 152 Cal. 637, 641 .) Further, “ ‘[i]n California the phrase “cause of action” is often used indiscriminately ... to mean counts which state [according to different legal theories] the same cause of action … .’ ” ( Boeken, supra, 48 Cal.4th at p. 798, quoting Eichler Homes of San Mateo, Inc. v. Superior Court (1961) 55 Cal.2d 845, 847 .) However, “for purposes of applying the doctrine 2022Res judicata, also known as claim preclusion, “acts to bar claims that were, or should have been, advanced in a previous [lawsuit] involving the same parties.” (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824 .) Under the doctrine of res judicata, “if a plaintiff prevails in an action, the cause is merged into the judgment and may not be asserted in a subsequent lawsuit; a judgment for the defendant serves as a bar to further litigation of the same cause of action.” (Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 896-897 , fn. omitted (Mycogen).) Claim preclusion arises “if a seco | 10 | 19 |
Todhunter v. Smithgreen2 sentences2022The prior judgment is not a complete bar, but it ‘operates as an estoppel or conclusive adjudication as to such issues in the second action as were actually litigated and determined in the first action.’ (Todhunter v. Smith [(1934)] 219 Cal. 690, 695 [ 28 P.2d 916 ].) This aspect of the doctrine of res judicata, now commonly referred to as the doctrine of collateral estoppel, is confined to issues actually litigated.” (Clark v. Lesher (1956) 46 Cal.2d 874, 880 ; see also Sutphin v. Speik, supra, 15 Cal.2d at pp. 201-202.) “First, the issue sought to be precluded from relitigation must be ident 2022The prior judgment is not a complete bar, but it ‘operates as an estoppel or conclusive adjudication as to such issues in the second action as were actually litigated and determined in the first action.’ (Todhunter v. Smith [(1934)] 219 Cal. 690, 695 [ 28 P.2d 916 ].) This aspect of the doctrine of res judicata, now commonly referred to as the doctrine of collateral estoppel, is confined to issues actually litigated.” (Clark v. Lesher (1956) 46 Cal.2d 874, 880 ; see also Sutphin v. Speik, supra, 15 Cal.2d at pp. 201-202.) “First, the issue sought to be precluded from relitigation must be ident | 9 | 10 |
In Re Crowgreen2 sentences2019For example, an order granting habeas relief constitutes a "final judgment" ( *873 Crow , supra , 4 Cal.3d at p. 616 , 94 Cal.Rptr. 254 , 483 P.2d 1206 ), for purposes of the doctrine of res judicata. ( Id. at p. 623, 94 Cal.Rptr. 254 , 483 P.2d 1206 .) The Crow court explained: "The social policies which underlie the doctrine of res judicata and the high purpose of the writ of habeas corpus also conjoin in barring a governmental attempt to relitigate the grant of relief in habeas corpus. 2019For example, an order granting habeas relief constitutes a "final judgment" ( *873 Crow , supra , 4 Cal.3d at p. 616 , 94 Cal.Rptr. 254 , 483 P.2d 1206 ), for purposes of the doctrine of res judicata. ( Id. at p. 623, 94 Cal.Rptr. 254 , 483 P.2d 1206 .) The Crow court explained: "The social policies which underlie the doctrine of res judicata and the high purpose of the writ of habeas corpus also conjoin in barring a governmental attempt to relitigate the grant of relief in habeas corpus. | 8 | 17 |
Vella v. Hudginsgreen2 sentences2023(See Vella v. Hudgins (1977) 20 Cal.3d 251, 257 [“The doctrine of res judicata, whether applied as a total bar to further litigation or as collateral estoppel, ‘rests upon the sound policy of limiting litigation by preventing a party who has had one fair adversary hearing on an issue from again drawing it into controversy and subjecting the other party to further expense in its reexamination.’ ”].) We would also make subject matter jurisdiction contingent upon the actions of a party, contradicting the established 17. principle that parties cannot confer fundamental jurisdiction. 2023In Vella v. Hudgins (1977) 20 Cal.3d 251 , 255- 256, our Supreme Court recognized that when a claim asserted in an action following an unlawful detainer under Code of Civil Procedure section 1161a, which provides a procedure for removing someone from property after a foreclosure sale as described in Civil Code section 2924, et seq., encompasses activities not directly connected with the conduct of the sale, applicability of the res judicata doctrine, either as a complete bar to further proceedings or as a source of collateral estoppel is not always clear. | 8 | 16 |
Frommhagen v. Board of Supervisorsgreen2 sentences2022Res Judicata The doctrine of res judicata operates to bar multiple litigation “arising out of the same subject matter of a prior action 17 as between the same parties or parties in privity with them.” (Gates v. Superior Court (1986) 178 Cal.App.3d 301, 308 ; see also Frommhagen v. Board of Supervisors (1987) 197 Cal.App.3d 1292, 1299 .) The doctrine has two effects. 2021Res Judicata The doctrine of res judicata operates to bar multiple litigation “arising out of the same subject matter of a prior action as between the same parties or parties in privity with them.” (Gates v. Superior Court (1986) 178 Cal.App.3d 301, 308 ; see also 17 Frommhagen v. Board of Supervisors (1987) 197 Cal.App.3d 1292, 1299 .) The doctrine has two effects. | 8 | 11 |
Clark v. Leshergreen2 sentences2022The prior judgment is not a complete bar, but it ‘operates as an estoppel or conclusive adjudication as to such issues in the second action as were actually litigated and determined in the first action.’ (Todhunter v. Smith [(1934)] 219 Cal. 690, 695 [ 28 P.2d 916 ].) This aspect of the doctrine of res judicata, now commonly referred to as the doctrine of collateral estoppel, is confined to issues actually litigated.” (Clark v. Lesher (1956) 46 Cal.2d 874, 880 ; see also Sutphin v. Speik, supra, 15 Cal.2d at pp. 201-202.) “First, the issue sought to be precluded from relitigation must be ident 2021The prior judgment is not a complete bar, but it ‘operates as an estoppel or conclusive adjudication as to such issues in the second action as were actually litigated and determined in the first action.’ (Todhunter v. Smith [(1934)] 219 Cal. 690, 695 [ 28 P.2d 916 ].) This aspect of the doctrine of res judicata, now commonly referred to as the doctrine of collateral estoppel, is confined to issues actually litigated.” (Clark v. Lesher (1956) 46 Cal.2d 874, 880 ; see also Sutphin v. Speik, supra, 15 Cal.2d at pp. 201-202.) “First, the issue sought to be precluded from relitigation must be ident | 7 | 12 |
Sutphin v. Speikgreen2 sentences2022Under the doctrine of res judicata, . . . a judgment for the defendant serves as a bar to further litigation of the same cause of action.” (Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888 , 896–897 (Mycogen).) “ ‘The principle underlying the rule of claim preclusion is that a party who once has had a chance to litigate a claim before an appropriate tribunal usually ought not to have another chance to do so.’ ” (Burdette v. Carrier Corp. (2008) 158 Cal.App.4th 1668, 1681 (Burdette).) “Res judicata bars the relitigation not only of claims that were conclusively determined in the first action 2022(DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824 ; Sutphin, supra, 15 Cal.2d at p. 202 .) “If claim preclusion is established, it operates to bar relitigation of the claim altogether.” (DKN Holdings, at p. 824.) Cecilia asserts, and the trial court concluded, the judgment in Lupe’s former probate action precludes her current action under the res judicata doctrine. | 7 | 10 |
Villacres v. Abm Industries Inc.green2 sentences2022“Although ‘a stipulated judgment normally concludes all matters put into issue by the pleadings, the parties can agree to restrict its scope by expressly withdrawing an issue from the consent judgment.’ ” (Sargon Enterprises, Inc. v. University of Southern California (2013) 215 Cal.App.4th 1495, 1507 .) Thus, in “applying the doctrine of res judicata, courts may examine the terms of the settlement agreement to ensure that the defendant did not waive res judicata as a defense.” (Villacres, supra, 189 Cal.App.4th at p. 577 .) This exception to the res judicata effect of a judgment “requires that 2022“Although ‘a stipulated judgment normally concludes all matters put into issue by the pleadings, the parties can agree to restrict its scope by expressly withdrawing an issue from the consent judgment.’ ” (Sargon Enterprises, Inc. v. University of Southern California (2013) 215 Cal.App.4th 1495, 1507 .) Thus, in “applying the doctrine of res judicata, courts may examine the terms of the settlement agreement to ensure that the defendant did not waive res judicata as a defense.” (Villacres, supra, 189 Cal.App.4th at p. 577 .) This exception to the res judicata effect of a judgment “requires that | 6 | 18 |
Citizens for Open Access to Sand and Tide, Inc. v. Seadrift Ass'ngreen2 sentences2025We have described claim preclusion as applying ‘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, ‘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.”’” (Grande v. Eisenhower Medical Center (2022) 13 Cal.5th 313 , 323 22 To avoid confusion, we follow th 2019Tide, Inc. v. Seadrift Assn. (1998) 60 Cal.App.4th 1053 , 1065, 71 Cal.Rptr.2d 77 .) "The purposes of the [res judicata] doctrine are to promote judicial economy by minimizing repetitive litigation, preventing inconsistent judgments which undermine the integrity of the judicial system and to protect against vexatious litigation." ( Younan v. Caruso (1996) 51 Cal.App.4th 401 , 407, 59 Cal.Rptr.2d 103 .) Allowing a vexatious litigant to repeatedly seek leave to file the same claims against the same parties, in the hope that a different judge will review the request, or the same judge will not re | 6 | 12 |
| Helvering v. Mitchellgreen | 6 | 6 |
Leoke v. County of San Bernardinogreen2 sentences2022KHSD counters that it is aggrieved because the judgment is binding on it, and “will bind and otherwise inform the KHSD’s actions in substantially future matters.” In support of its position, KHSD cites to a line of cases that hold “[a] person who would be bound by the doctrine of res judicata, whether or not a party of record, is a party sufficiently aggrieved to entitle him to appeal.” (E.g., Leoke v. County of San Bernardino (1967) 249 Cal.App.2d 767, 771 ; Life v. County of Los Angeles (1990) 218 Cal.App.3d 1287, 1292 ; Estate of Sloan (1963) 222 Cal.App.2d 283 , 291–292; Harris v. Alcoholi 2022KHSD counters that it is aggrieved because the judgment is binding on it, and “will bind and otherwise inform the KHSD’s actions in substantially future matters.” In support of its position, KHSD cites to a line of cases that hold “[a] person who would be bound by the doctrine of res judicata, whether or not a party of record, is a party sufficiently aggrieved to entitle him to appeal.” (E.g., Leoke v. County of San Bernardino (1967) 249 Cal.App.2d 767, 771 ; Life v. County of Los Angeles (1990) 218 Cal.App.3d 1287, 1292 ; Estate of Sloan (1963) 222 Cal.App.2d 283 , 291–292; Harris v. Alcoholi | 5 | 10 |
Federation of Hillside & Canyon Associations v. City of Los Angelesgreen2 sentences2022He asked the probate court, “For an order that he is a beneficiary under the retirement plans,” “for an accounting of the . . . plan benefits” and for “distribution to [Jack] of his share of said plan assets.” The doctrine of res judicata, or claim preclusion, “precludes the relitigation of a cause of action that previously was adjudicated in another proceeding between the same parties or parties in privity with them.” (Federation of Hillside & Canyon Assns. v. City of Los Angeles (2004) 126 Cal.App.4th 1180, 1202 .) Res judicata applies if: (1) the decision in the prior proceeding is final an 2020Under the doctrine of res judicata, if a plaintiff prevails in an action, the cause is merged into the judgment and may not be asserted in a subsequent lawsuit; a judgment for the defendant serves as a bar to further litigation of the same cause of action." (Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 896-897 (Mycogen Corp.).) Under the 2 Port filed a respondent's brief joining in State's argument that res judicata bars Plaintiffs' quiet title causes of action. 10 doctrine of res judicata, "all claims based on the same cause of action must be decided in a single suit; if not brought i | 5 | 9 |
Marsh v. Mountain Zephyr, Inc.green2 sentences2025(Marsh v. Mountain Zephyr, Inc. (1996) 43 Cal.App.4th 289, 295 [“A person who would be bound by the doctrine of res judicata, whether or not a party of record, is ... [entitled] to appeal.”].) There is no dispute that Morillo was not a party to the cross-complaint. 2022KHSD counters that it is aggrieved because the judgment is binding on it, and “will bind and otherwise inform the KHSD’s actions in substantially future matters.” In support of its position, KHSD cites to a line of cases that hold “[a] person who would be bound by the doctrine of res judicata, whether or not a party of record, is a party sufficiently aggrieved to entitle him to appeal.” (E.g., Leoke v. County of San Bernardino (1967) 249 Cal.App.2d 767, 771 ; Life v. County of Los Angeles (1990) 218 Cal.App.3d 1287, 1292 ; Estate of Sloan (1963) 222 Cal.App.2d 283 , 291–292; Harris v. Alcoholi | 5 | 8 |
Le Parc Community Ass'n v. Workers' Compensation Appeals Boardgreen2 sentences2014Appeals Bd. (2003) 110 Cal.App.4th 1161, 1169 [ 2 Cal.Rptr.3d 408 ] (Le Parc).) Issue preclusion, or collateral estoppel, “ ‘precludes relitigation of issues argued and decided in prior proceedings.’ ” (Mycogen, supra, 28 Cal.4th at p. 896 , quoting Lucido v. *228 Superior Court (1990) 51 Cal.3d 335, 341 [ 272 Cal.Rptr. 767 , 795 P.2d 1223 ].) Application of the doctrine of res judicata “is intended to preserve the integrity of the judicial system, promote judicial economy, and protect litigants from harassment by vexatious litigation.” (Vandenberg v. Superior Court (1999) 21 Cal.4th 815, 829 2014Appeals Bd. (2003) 110 Cal.App.4th 1161, 1169 [ 2 Cal.Rptr.3d 408 ] (Le Parc).) Issue preclusion, or collateral estoppel, “ ‘precludes relitigation of issues argued and decided in prior proceedings.’ ” (Mycogen, supra, 28 Cal.4th at p. 896 , quoting Lucido v. *228 Superior Court (1990) 51 Cal.3d 335, 341 [ 272 Cal.Rptr. 767 , 795 P.2d 1223 ].) Application of the doctrine of res judicata “is intended to preserve the integrity of the judicial system, promote judicial economy, and protect litigants from harassment by vexatious litigation.” (Vandenberg v. Superior Court (1999) 21 Cal.4th 815, 829 | 5 | 8 |
| Alpha Mechanical, Heating & Air Conditioning, Inc. v. Travelers Casualty & Surety Co. of Americagreen | 5 | 6 |
| Price v. Sixth District Agricultural Assn.green | 5 | 6 |
| People v. Simsred | 5 | 5 |
| Parklane Hosiery Co. v. Shoregreen | 5 | 5 |
City of Oakland v. Oakland Police & Fire Retirement Systemgreen2 sentences2025Collateral estoppel, or issue preclusion, ‘precludes relitigation of issues argued and decided in prior proceedings.’ ” (Ibid.) “Whether the doctrine of res judicata applies in a 13 particular case is a question of law which we review de novo.” (City of Oakland v. Oakland Police & Fire Retirement System (2014) 224 Cal.App.4th 210, 228 (City of Oakland).) With respect to claim preclusion, there are three requirements: the prior litigation must have resulted in a final judgment; the parties in the second lawsuit must be the same or in privity with the parties in the first lawsuit; and the second 2023(City of Oakland v. Oakland Police & Fire Retirement System (2014) 224 Cal.App.4th 210, 228 .) “Three elements must exist for res judicata (or claim preclusion) to apply: ‘ “(1) the decision in the prior proceeding is final and on the merits; (2) the present proceeding is on the same cause of action as the prior proceeding; and (3) the parties in the present proceeding or parties in privity with them were parties to the prior proceeding.” ’ ” (Association of Irritated Residents v. Department of Conservation (2017) 11 Cal.App.5th 1202, 1219 .) “California law defines a ‘cause of action’ for pur | 4 | 10 |
Planning & Conservation League v. Castaic Lake Water Agencygreen2 sentences2025We have described claim preclusion as applying ‘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, ‘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.”’” (Grande v. Eisenhower Medical Center (2022) 13 Cal.5th 313 , 323 22 To avoid confusion, we follow th 2018"Under the doctrine of res judicata, a valid, final judgment on the merits is a bar to a subsequent action by parties or their privies on the same cause of action." ( Amin v. Khazindar (2003) 112 Cal.App.4th 582 , 589, 5 Cal.Rptr.3d 224 .) Whether causes of action in two lawsuits are the same for purposes of res judicata depends on whether they involve the same "primary right." ( Crowley v. Katleman (1994) 8 Cal.4th 666 , 681, 34 Cal.Rptr.2d 386 , 881 P.2d 1083 ; see Boeken v. Philip Morris USA, Inc. (2010) 48 Cal.4th 788 , 797, 108 Cal.Rptr.3d 806 , 230 P.3d 342 ["[t]o determine whether two p | 4 | 8 |
Life v. County of Los Angelesgreen2 sentences2022KHSD counters that it is aggrieved because the judgment is binding on it, and “will bind and otherwise inform the KHSD’s actions in substantially future matters.” In support of its position, KHSD cites to a line of cases that hold “[a] person who would be bound by the doctrine of res judicata, whether or not a party of record, is a party sufficiently aggrieved to entitle him to appeal.” (E.g., Leoke v. County of San Bernardino (1967) 249 Cal.App.2d 767, 771 ; Life v. County of Los Angeles (1990) 218 Cal.App.3d 1287, 1292 ; Estate of Sloan (1963) 222 Cal.App.2d 283 , 291–292; Harris v. Alcoholi 2022KHSD counters that it is aggrieved because the judgment is binding on it, and “will bind and otherwise inform the KHSD’s actions in substantially future matters.” In support of its position, KHSD cites to a line of cases that hold “[a] person who would be bound by the doctrine of res judicata, whether or not a party of record, is a party sufficiently aggrieved to entitle him to appeal.” (E.g., Leoke v. County of San Bernardino (1967) 249 Cal.App.2d 767, 771 ; Life v. County of Los Angeles (1990) 218 Cal.App.3d 1287, 1292 ; Estate of Sloan (1963) 222 Cal.App.2d 283 , 291–292; Harris v. Alcoholi | 4 | 8 |
Torrey Pines Bank v. Superior Courtgreen2 sentences2023(Torrey Pines Bank v. Superior Court (1989) 216 Cal.App.3d 813 , 820–821.) As such, the trial court in the instant case properly sustained Respondents’ demurrer on the basis of res judicata. 2020Final judgment on the merits California law is clear that "[a] dismissal with prejudice is considered a judgment on the merits preventing subsequent litigation between the parties on the dismissed claim." (Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73 , 91 (Kim); see, e.g., Boeken, supra, 48 Cal.4th at p. 793 [citing cases]; see, e.g., Johnson v. County of Fresno (2003) 111 Cal.App.4th 1087, 1096 ; Torrey Pines Bank v. Superior Court (1989) 216 Cal.App.3d 813, 821 (Torrey Pines Bank) [" 'The bar raised by a dismissal with prejudice is equal, under the doctrine of res judicata | 4 | 7 |
Busick v. Workmen's Compensation Appeals Boardgreen2 sentences2016Appeals Bd. (1972) 7 Cal.3d 967, 975 [ 104 Cal.Rptr. 42 , 500 P.2d 1386 ].) “A predictable doctrine of res judicata benefits both the parties and the courts because it ‘seeks to curtail multiple litigation causing vexation and expense to the parties and wasted effort and expense in judicial administration. ’ ” (Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 897 [ 123 Cal.Rptr.2d 432 , 51 P.3d 297 ].) For purposes of applying the doctrine of res judicata, the phrase “cause of action” has a precise and particular meaning: the cause of action is the right to obtain redress for a harm suffer 2016Appeals Bd. (1972) 7 Cal.3d 967, 975 [ 104 Cal.Rptr. 42 , 500 P.2d 1386 ].) “A predictable doctrine of res judicata benefits both the parties and the courts because it ‘seeks to curtail multiple litigation causing vexation and expense to the parties and wasted effort and expense in judicial administration. ’ ” (Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 897 [ 123 Cal.Rptr.2d 432 , 51 P.3d 297 ].) For purposes of applying the doctrine of res judicata, the phrase “cause of action” has a precise and particular meaning: the cause of action is the right to obtain redress for a harm suffer | 4 | 7 |
| Thibodeau v. Crumgreen | 4 | 7 |
| Bullock v. Philip Morris USA, Inc.green | 4 | 6 |
| McKinney v. County of Santa Claragreen | 4 | 6 |
| French v. Rishellgreen | 4 | 6 |
| Greenfield v. Mathergreen | 4 | 6 |
| Hollywood Circle, Inc. v. Department of Alcoholic Beverage Controlgreen | 4 | 6 |
| Butterfield v. Tietzgreen | 4 | 5 |
| Agarwal v. Johnsongreen | 4 | 5 |
| Kelly v. Vons Companies, Inc.green | 4 | 5 |
| Mata v. City of Los Angelesgreen | 4 | 5 |
| People v. Davisgreen | 4 | 4 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
| In Re Anderson green | 5 | 1954–1971 |
| Gates v. Superior Court green | 4 | 1989–2022 |
| Federal Home Loan Bank v. Countrywide Financial Corp. green | 4 | 2015–2022 |
| United States v. Oppenheimer green | 4 | 1953–2000 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.