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11 California opinions name it 2 courts 2014–2024 4 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 |
|---|---|---|
City of Oakland v. Oakland Police & Fire Retirement Systemgreen2 sentences2022“Whether the doctrine of res judicata applies in a 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 .) Res judicata, or claim preclusion, “‘prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity with them.’” (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824 .) More precisely here, collateral estoppel applies to prevent “relitigation of previously decided 9 issues” (id. at p. 824), and is found “(1) after final adjudication (2 2022“Whether the doctrine of res judicata applies in a 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 .) Res judicata, or claim preclusion, “ ‘prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity with them.’ ” It applies “if a second suit involves: (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit.” (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824 .) Relatedl | 3 | 9 |
Ayala v. Dawsongreen2 sentences2024(Lynch v. California Coastal Com. (2017) 3 Cal.5th 470, 476 [waiver or forfeiture is a legal issue reviewed de novo if the facts are undisputed]; A.F. v. Jeffrey F. (2023) 90 Cal.App.5th 671 , 681 [“When the evidence is not in dispute, subject matter jurisdiction is a legal issue, which we review de novo”]; Ayala v. Dawson (2017) 13 Cal.App.5th 1319, 1325 [“‘Whether the doctrine of res judicata applies in a particular case is a question of law which we review de novo’”].) Luke first argues that Katherine is barred from pursuing equitable apportionment under the doctrine of res judicata. 2023(Ayala v. Dawson (2017) 13 Cal.App.5th 1319, 1325 .) Based on our de novo review, we conclude that the trial court correctly ruled res judicata applies. 11 Res judicata describes the preclusive effect of a final judgment on the merits and prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity with them. | 1 | 2 |
Rohrbasser v. Lederergreen2 sentences2017Except for evidence as to which objections have been made and sustained, we take as true the facts shown by the evidence presented in opposition to a summary judgment motion, reviewing the grant of summary judgment de novo. ( In re Automobile Antitrust Cases I and II (2016) 1 Cal.App.5th 127 , 150-151, 204 Cal.Rptr.3d 330 .) "The defense of res judicata not only is properly raised by a motion for summary judgment, but also is a proper ground upon which to grant a summary judgment." ( Rohrbasser v. Lederer (1986) 179 Cal.App.3d 290 , 296, 224 Cal.Rptr. 791 ( Rohrbasser ).) "Whether the doctrine 2017Except for evidence as to which objections have been made and sustained, we take as true the facts shown by the evidence presented in opposition to a summary judgment motion, reviewing the grant of summary judgment de novo. ( In re Automobile Antitrust Cases I and II (2016) 1 Cal.App.5th 127 , 150-151, 204 Cal.Rptr.3d 330 .) "The defense of res judicata not only is properly raised by a motion for summary judgment, but also is a proper ground upon which to grant a summary judgment." ( Rohrbasser v. Lederer (1986) 179 Cal.App.3d 290 , 296, 224 Cal.Rptr. 791 ( Rohrbasser ).) "Whether the doctrine | 1 | 2 |
Lynch v. Cal. Coastal Commissiongreen1 sentence2024(Lynch v. California Coastal Com. (2017) 3 Cal.5th 470, 476 [waiver or forfeiture is a legal issue reviewed de novo if the facts are undisputed]; A.F. v. Jeffrey F. (2023) 90 Cal.App.5th 671 , 681 [“When the evidence is not in dispute, subject matter jurisdiction is a legal issue, which we review de novo”]; Ayala v. Dawson (2017) 13 Cal.App.5th 1319, 1325 [“‘Whether the doctrine of res judicata applies in a particular case is a question of law which we review de novo’”].) Luke first argues that Katherine is barred from pursuing equitable apportionment under the doctrine of res judicata. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
DKN Holdings LLC v. Faerber
green
2 sentences2022“Whether the doctrine of res judicata applies in a 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 .) Res judicata, or claim preclusion, “‘prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity with them.’” (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824 .) More precisely here, collateral estoppel applies to prevent “relitigation of previously decided 9 issues” (id. at p. 824), and is found “(1) after final adjudication (2 2022“Whether the doctrine of res judicata applies in a 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 .) Res judicata, or claim preclusion, “ ‘prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity with them.’ ” It applies “if a second suit involves: (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit.” (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824 .) Relatedl | 3 | 2022–2024 |
In re Automobile Antitrust Cases I and II
green
2 sentences2017Except for evidence as to which objections have been made and sustained, we take as true the facts shown by the evidence presented in opposition to a summary judgment motion, reviewing the grant of summary judgment de novo. ( In re Automobile Antitrust Cases I and II (2016) 1 Cal.App.5th 127 , 150-151, 204 Cal.Rptr.3d 330 .) "The defense of res judicata not only is properly raised by a motion for summary judgment, but also is a proper ground upon which to grant a summary judgment." ( Rohrbasser v. Lederer (1986) 179 Cal.App.3d 290 , 296, 224 Cal.Rptr. 791 ( Rohrbasser ).) "Whether the doctrine 2017Except for evidence as to which objections have been made and sustained, we take as true the facts shown by the evidence presented in opposition to a summary judgment motion, reviewing the grant of summary judgment de novo. ( In re Automobile Antitrust Cases I and II (2016) 1 Cal.App.5th 127 , 150-151, 204 Cal.Rptr.3d 330 .) "The defense of res judicata not only is properly raised by a motion for summary judgment, but also is a proper ground upon which to grant a summary judgment." ( Rohrbasser v. Lederer (1986) 179 Cal.App.3d 290 , 296, 224 Cal.Rptr. 791 ( Rohrbasser ).) "Whether the doctrine | 2 | 2017–2017 |
McMillin Companies, LLC v. American Safety Indemnity Co.
green
1 sentence2023(McMillin Companies, LLC v. American Safety Indemnity Co. (2015) 233 Cal.App.4th 518 , 529–530.) Whether the doctrine of res judicata applies in a particular case is a question of law which we review de novo. | 1 | 2023–2023 |
Haworth v. Superior Court of Los Angeles County
green
1 sentence2020(Haworth v. Superior Court (2010) 50 Cal.4th 372, 384 ; see also City of Oakland v. Oakland Police & Fire Retirement System (2014) 224 Cal.App.4th 210, 228 [“Whether the doctrine of res judicata applies in a particular case is a question of law which we review de novo”].) In the settlement with the United States, appellants did not waive their right to seek full compensation for their loss from other tortfeasors under the California rule of joint and several liability. | 1 | 2020–2020 |