PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Burdens of Production
.........D as Moving Party
............Res Judicata/Estoppel
7 Cards On This Topic:

Moving party entitled to summary judgment as matter of law because issues raised by opposing party had previously been fully litigated, so were res judicata.

D not entitled to full SJ based on res judicata, where prior action did not resolve certain claims re lead contamination, although other elements of res judicata were satisfied.

Trial ct. erred in applying collateral estoppel to small claims ct. judgment and granting summary judgment on this basis.

Summary judgment proper re 2d complaint on ground of res judicata where issue alleged and resolved by SJ grant in 1st action.

P’s civil rights action not barred by collateral estoppel where he prevailed in mandamus proceeding; Ds’ SJ motion granted in error.

SJ appropriate when doctrine of res judicata in subsidiary form of collateral estoppel can be used to refute all triable issues of fact suggested by pleadings.

P barred from pursuing claims litigated in prior divorce because of res judicata and estoppel by judgment that arises therefrom.