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5 California opinions name it 2 courts 1977–2016 0 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 |
|---|---|---|
Joanna Cieszkowska v. Gray Line New Yorkgreen1 sentence2016(Id. at p. 173; cf. Cieszkowska v. Gray Line New York (2002) 295 F.3d 204, 205-206 [the doctrine of res judicata applied to bar a second in forma pauperis federal lawsuit because the plaintiff's first in forma pauperis federal lawsuit on the same claim was dismissed for failure to state a claim under 28 U.S.C. § 1915 (e)(2)].) Because Cobb's instant action alleged the same harm, or invasion of the same primary right, as alleged in his prior federal lawsuit that the federal district court dismissed in 2011 for failure to state a claim, the doctrine of res judicata applies to preclude those same | 1 | 1 |
Limbach v. Hooven & Allison Co.green2 sentences2000(See Stoll v. Gottlieb, supra, 305 U.S. at p. 170 [59 S.Ct. at pp. 136-137].) After the decision in Levy, the United States Supreme Court held, in Limbach v. Hooven & Allison Co. (1984) 466 U.S. 353, 361-362 [ 104 S.Ct. 1837, 1842-1843 , 80 L.Ed.2d 356 ], that a state court must apply federal law to determine preclusive effect of prior federal question judgment. 2000(See Stoll v. Gottlieb, supra, 305 U.S. at p. 170 [59 S.Ct. at pp. 136-137].) After the decision in Levy, the United States Supreme Court held, in Limbach v. Hooven & Allison Co. (1984) 466 U.S. 353, 361-362 [ 104 S.Ct. 1837, 1842-1843 , 80 L.Ed.2d 356 ], that a state court must apply federal law to determine preclusive effect of prior federal question judgment. | 1 | 1 |
Bank of America National Trust & Savings Ass'n v. McLaughlin Land & Livestock Co.green2 sentences1977(In re Bailleaux, supra, 47 Cal.2d at p. 260 ; Bank of America v. McLaughlin etc. Co. (1940) 40 Cal.App.2d 620, 626 [ 105 P.2d 607 ].) In the federal jurisdiction, the doctrine of res judicata prevents the readjudication of all matters (including jurisdiction) which were, or might have been, litigated in a prior proceeding between the same parties. 1977(In re Bailleaux, supra, 47 Cal.2d at p. 260 ; Bank of America v. McLaughlin etc. Co. (1940) 40 Cal.App.2d 620, 626 [ 105 P.2d 607 ].) In the federal jurisdiction, the doctrine of res judicata prevents the readjudication of all matters (including jurisdiction) which were, or might have been, litigated in a prior proceeding between the same parties. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Levy v. Cohen
green
2 sentences2016(Sosa v. DIRECTV, Inc. (9th Cir. 2006) 437 F.3d 923 , 928.) Furthermore, "[a] federal [district court] judgment [or order] is final in California courts as it would be in federal courts [citation] . . . ." (Calhoun v. Franchise Tax Bd. (1978) 20 Cal.3d 881, 887 .) California courts give full faith and credit to final orders and judgments of federal courts. ( Levy, supra, 19 Cal.3d at pp. 172.) Therefore, the 2011 federal district court order dismissing Cobb's federal lawsuit has the same res judicata effect in California courts as it would have in federal courts (i.e., the doctrine of res judi 2015(Nathanson v. Hecker (2002) 99 Cal.App.4th 1158, 1163 .) “The application of [res judicata] in a given case depends upon an affirmative answer to these three questions: (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?” (Levy v. Cohen (1977) 19 Cal.3d 165, 171 .) “[T]he doctrine of res judicata prevents the readjudication of all matters . . . which were, or might have been | 3 | 1979–2016 |
Branson v. SUN-DIAMOND GROWERS OF CA.
green
1 sentence2016(Id. at p. 173; cf. Cieszkowska v. Gray Line New York (2002) 295 F.3d 204, 205-206 [the doctrine of res judicata applied to bar a second in forma pauperis federal lawsuit because the plaintiff's first in forma pauperis federal lawsuit on the same claim was dismissed for failure to state a claim under 28 U.S.C. § 1915 (e)(2)].) Because Cobb's instant action alleged the same harm, or invasion of the same primary right, as alleged in his prior federal lawsuit that the federal district court dismissed in 2011 for failure to state a claim, the doctrine of res judicata applies to preclude those same | 1 | 2016–2016 |
Lucas v. County of Los Angeles
green
1 sentence2016(Id. at p. 173; cf. Cieszkowska v. Gray Line New York (2002) 295 F.3d 204, 205-206 [the doctrine of res judicata applied to bar a second in forma pauperis federal lawsuit because the plaintiff's first in forma pauperis federal lawsuit on the same claim was dismissed for failure to state a claim under 28 U.S.C. § 1915 (e)(2)].) Because Cobb's instant action alleged the same harm, or invasion of the same primary right, as alleged in his prior federal lawsuit that the federal district court dismissed in 2011 for failure to state a claim, the doctrine of res judicata applies to preclude those same | 1 | 2016–2016 |
Goddard v. Security Title Insurance & Guarantee Co.
green
1 sentence2016(Id. at p. 173; cf. Cieszkowska v. Gray Line New York (2002) 295 F.3d 204, 205-206 [the doctrine of res judicata applied to bar a second in forma pauperis federal lawsuit because the plaintiff's first in forma pauperis federal lawsuit on the same claim was dismissed for failure to state a claim under 28 U.S.C. § 1915 (e)(2)].) Because Cobb's instant action alleged the same harm, or invasion of the same primary right, as alleged in his prior federal lawsuit that the federal district court dismissed in 2011 for failure to state a claim, the doctrine of res judicata applies to preclude those same | 1 | 2016–2016 |
Calhoun v. Franchise Tax Board
green
1 sentence2016(Sosa v. DIRECTV, Inc. (9th Cir. 2006) 437 F.3d 923 , 928.) Furthermore, "[a] federal [district court] judgment [or order] is final in California courts as it would be in federal courts [citation] . . . ." (Calhoun v. Franchise Tax Bd. (1978) 20 Cal.3d 881, 887 .) California courts give full faith and credit to final orders and judgments of federal courts. ( Levy, supra, 19 Cal.3d at pp. 172.) Therefore, the 2011 federal district court order dismissing Cobb's federal lawsuit has the same res judicata effect in California courts as it would have in federal courts (i.e., the doctrine of res judi | 1 | 2016–2016 |
Sosa v. DIRECTV, Inc.
green
1 sentence2016(Sosa v. DIRECTV, Inc. (9th Cir. 2006) 437 F.3d 923 , 928.) Furthermore, "[a] federal [district court] judgment [or order] is final in California courts as it would be in federal courts [citation] . . . ." (Calhoun v. Franchise Tax Bd. (1978) 20 Cal.3d 881, 887 .) California courts give full faith and credit to final orders and judgments of federal courts. ( Levy, supra, 19 Cal.3d at pp. 172.) Therefore, the 2011 federal district court order dismissing Cobb's federal lawsuit has the same res judicata effect in California courts as it would have in federal courts (i.e., the doctrine of res judi | 1 | 2016–2016 |
Nathanson v. Hecker
green
1 sentence2015(Nathanson v. Hecker (2002) 99 Cal.App.4th 1158, 1163 .) “The application of [res judicata] in a given case depends upon an affirmative answer to these three questions: (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?” (Levy v. Cohen (1977) 19 Cal.3d 165, 171 .) “[T]he doctrine of res judicata prevents the readjudication of all matters . . . which were, or might have been | 1 | 2015–2015 |
In Re Bailleaux
green
1 sentence1977(In re Bailleaux, supra, 47 Cal.2d at p. 260 ; Bank of America v. McLaughlin etc. Co. (1940) 40 Cal.App.2d 620, 626 [ 105 P.2d 607 ].) In the federal jurisdiction, the doctrine of res judicata prevents the readjudication of all matters (including jurisdiction) which were, or might have been, litigated in a prior proceeding between the same parties. | 1 | 1977–1977 |
Stoll v. Gottlieb
green
1 sentence1977(See Chicot County Dist. v. Bank (1940) 308 U.S. 371 [ 84 L.Ed. 329 , 60 S.Ct. 317 ]; Stoll v. Gottlieb, supra, 305 U.S. 165 ; Brown v. United States (3d Cir. 1974) 508 F.2d 618, 630-631 ; Miller v. Meinhard-Commercial Corp., supra, 462 F.2d at pp. 360-361.) Here, the trial court found, as a fact, that the question of defendants’ liability for the debts and obligations of the limited partnership owed to plaintiff was not litigated in the bankruptcy proceeding. | 1 | 1977–1977 |
Chicot County Drainage District v. Baxter State Bank
green
2 sentences1977(See Chicot County Dist. v. Bank (1940) 308 U.S. 371 [ 84 L.Ed. 329 , 60 S.Ct. 317 ]; Stoll v. Gottlieb, supra, 305 U.S. 165 ; Brown v. United States (3d Cir. 1974) 508 F.2d 618, 630-631 ; Miller v. Meinhard-Commercial Corp., supra, 462 F.2d at pp. 360-361.) Here, the trial court found, as a fact, that the question of defendants’ liability for the debts and obligations of the limited partnership owed to plaintiff was not litigated in the bankruptcy proceeding. 1977(See Chicot County Dist. v. Bank (1940) 308 U.S. 371 [ 84 L.Ed. 329 , 60 S.Ct. 317 ]; Stoll v. Gottlieb, supra, 305 U.S. 165 ; Brown v. United States (3d Cir. 1974) 508 F.2d 618, 630-631 ; Miller v. Meinhard-Commercial Corp., supra, 462 F.2d at pp. 360-361.) Here, the trial court found, as a fact, that the question of defendants’ liability for the debts and obligations of the limited partnership owed to plaintiff was not litigated in the bankruptcy proceeding. | 1 | 1977–1977 |
Richard E. Brown, on Behalf of Himself and All Others Similarly Situated v. United States of America, Richard E. Brown and David l.taylor
green
1 sentence1977(See Chicot County Dist. v. Bank (1940) 308 U.S. 371 [ 84 L.Ed. 329 , 60 S.Ct. 317 ]; Stoll v. Gottlieb, supra, 305 U.S. 165 ; Brown v. United States (3d Cir. 1974) 508 F.2d 618, 630-631 ; Miller v. Meinhard-Commercial Corp., supra, 462 F.2d at pp. 360-361.) Here, the trial court found, as a fact, that the question of defendants’ liability for the debts and obligations of the limited partnership owed to plaintiff was not litigated in the bankruptcy proceeding. | 1 | 1977–1977 |