PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts

Single Topic for Decision 1080S

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Doctrine of collateral estoppel precludes a party to an action from relitigating in a second proceeding matters litigated and decided in a prior proceeding, if (1) the issue is identical to one necessarily decided at a previous proceeding; (2) the previous proceeding resulted in a final judgment on the merits; and (3) the party against whom collateral estoppel is asserted was a party or in privity with a party at the prior proceeding; p. 14, proposed dec., citing People v. Sims (1982) 32 Cal.3d 468. The three elements of the collateral estoppel test were met in this case because: (1) the issues adjudicated in a prior state court action filed by Janowicz were identical to the issues before PERB, and in that prior case, judgment was entered against Janowicz; (2) the state court judgement was final and was a conclusive determination of the retaliation issue raised in that case; and (3) the parties were the court judgement was final and was a conclusive determination of the retaliation issue raised in that case; and (3) the parties were the