Legal Question in Civil Litigation in California

How can I prevent Res Judicata in a new trial with same issues?
Can I prevent Res Judicata if there was fraud in the prior case, if there is new evidence?

Asked on 9/19/97, 8:23 pm

Ross Scott W. Ross Scott Law Firm

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How can I prevent Res Judicata in a new trial with same issues?

In NY, if the fraud was perpetrated on the court by opposing counselI would move to vacate the judgment. What is the basis for a new trial?

Answered on 9/19/97, 9:24 pm

Gregory Brittain Gregory W. Brittain, Attorney at Law

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I think you're SOL

If it is the alleged fraud, but you have newevidence, think you're SOL, unless you are within the time to seek a new trial.

One other possibility is if the defendant concealed the evidence. I am not sure, but you might have some recourse then.

Answered on 9/20/97, 6:25 pm

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