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Civil procedure

res judicata and collateral estoppel

Res judicata is the generic term for a group of related concepts concerning the conclusive effects given final judgments. Within this general doctrine there are two principal categories: (1) claim preclusion—also known as res judicata; and (2) issue preclusion—also known as collateral estoppel.

These legal doctrines generally preclude litigants from relitigating claims and issues that were previously litigated to a final resolution or judgment.

In California, res judicata, or claim preclusion, prevents a party from relitigating a claim that has been previously adjudicated by a competent court and resulted in a final judgment on the merits. Once a claim is decided, the same parties cannot bring an action on the same claim or any other claim arising from the same transaction that could have been raised in the first lawsuit. Issue preclusion, or collateral estoppel, bars the relitigation of factual or legal issues that were actually litigated and necessarily decided in a previous lawsuit involving the same parties. These issues must have been essential to the prior judgment. Both doctrines are meant to promote judicial efficiency, conserve resources, and protect parties from the burden of multiple lawsuits. California courts strictly apply these principles to ensure that once a dispute is resolved, it is resolved conclusively, preventing the same parties from arguing the same matters in future litigation.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

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California State Code

California State Code

Civil procedure

res judicata and collateral estoppel

Articles