res judicata prevents the readjudication doctrine (California) · Go Syfert
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res judicata prevents the readjudication doctrine in California

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.

Followed or applied (3)

CaseFollowedCited
Joanna Cieszkowska v. Gray Line New Yorkgreen
ca2 · 2002 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(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

11
Limbach v. Hooven & Allison Co.green
scotus · 1984 · cited in 1 California opinions naming this issue, 2000–2000
2 sentences

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.

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.

11
Bank of America National Trust & Savings Ass'n v. McLaughlin Land & Livestock Co.green
calctapp · 1940 · cited in 1 California opinions naming this issue, 1977–1977
2 sentences

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.

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.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Levy v. Cohen green
cal · 1977
2 sentences

2016(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

31979–2016
Branson v. SUN-DIAMOND GROWERS OF CA. green
calctapp · 1994
1 sentence

2016(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

12016–2016
Lucas v. County of Los Angeles green
calctapp · 1996
1 sentence

2016(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

12016–2016
Goddard v. Security Title Insurance & Guarantee Co. green
cal · 1939
1 sentence

2016(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

12016–2016
Calhoun v. Franchise Tax Board green
cal · 1978
1 sentence

2016(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

12016–2016
Sosa v. DIRECTV, Inc. green
ca9 · 2006
1 sentence

2016(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

12016–2016
Nathanson v. Hecker green
calctapp · 2002
1 sentence

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

12015–2015
In Re Bailleaux green
cal · 1956
1 sentence

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.

11977–1977
Stoll v. Gottlieb green
scotus · 1938
1 sentence

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.

11977–1977
Chicot County Drainage District v. Baxter State Bank green
scotus · 1940
2 sentences

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.

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.

11977–1977
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
ca3 · 1975
1 sentence

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.

11977–1977

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