Res Judicata and Collateral Estoppel

Question 1

Res Judicata

Answer 1

Bars an entire case, once a final judgment on the merits has been rendered on a particular cause of action. The party must show:

(1) the earlier judgment is a valid, final judgment on the merits. “Final” in the federal court is when it is rendered by the trial court, but in California it is when final on appeal;
(2) the cases are brought by the same claimant against the same defendant;
(3) the same cause of action is involved in the later lawsuit; and
(4) the cause of action was litigated or could have been litigated in the prior action.

Question 2

Res Judicata (CA)

Answer 2

California follows the primary right doctrine, which states that a primary right is the right to be free from a particular harm. Thus, a cause of action that involves different rights, such as a property right and personal injury, would not be a problem

Question 3

Collateral Estoppel. Definition

Answer 3

Collateral estoppel (issue preclusion) binds the plaintiff or defendant (or those in privity with them) in subsequent actions or different causes of action between them as to issues actually litigated and essential to the judgment in the first action.

Question 4

Collateral Estoppel, Requirements

Answer 4

(1) the first case ended in a valid, final judgment on the merits;
(2) the issue is actually litigated and determined in the first case; and
(3) the issue was essential to the judgment

Question 5

Offensive Collateral Estoppel

Answer 5

Used by a plaintiff against a defendant who has lost similar cases. Permitted if:

(1) the issue decided in the first case is identical to that in the second;
(2) the first case ended in a valid, final judgment on the merits;
(3) they party against whom the judgment is to be used had a fair opportunity to be heard
(4) the posture of the case is such that it would not be unfair to apply collateral estoppel
(5) The party against whom the judgment is to be used was a party in privity with a party in the prior case (CA only)