Legal Question in Appeals and Writs in California

res judicata

Does res judicata apply if final judgment has never been entered? If so what are the expections? If not were can i find the code or statue?


Asked on 7/22/03, 3:29 pm

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: res judicata

Res judicata may not apply if there was no judgment, but collateral estoppel may. Please call me if you would like some consultaton on your problem.

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Answered on 7/22/03, 4:09 pm
Steven Murray Steven W. Murray, APC

Re: res judicata

Res judicata has more than one meaning, as it incudes collateral estoppel. There must have been some kind of court order/ruling made to apply the rule that an issue cannot be litigated again. Check CCP Sec. 1908, but also check CCP Sec. 1008, which prevents "reconsideration" of certain matters. This is not a "yes or no" question, so if you have some specifics, I would be able to more fully respond.

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Answered on 7/22/03, 4:28 pm


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