This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

California Courts of Appeal,
Appellate Practice

Jan. 3, 2019

Claim preclusion across jurisdictions: Navigating the labyrinth

Unfortunately for 1Ls, bar examinees, and litigants, claim preclusion can be complex. Its boundaries are fuzzy. It is one of the few remaining common law procedural doctrines with no statutory basis in either California or federal law.

Ryan P. McCarl

Rushing McCarl LLP

Phone: (310) 896-5082

Email: ryan.mccarl@rushingmccarl.com

Ryan is an attorney and writer based in Los Angeles.

Shutterstock

Plaintiffs normally get only one chance to litigate their claims against a defendant. Claim preclusion -- also known as res judicata ("matter adjudicated") -- is the primary mechanism by which courts enforce this "one bite at t...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up