GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA – In General

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1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
1405.01000 – In General

The doctrine of collateral estoppel precludes a party to an action from relitigating in a second proceeding, matters litigated and decided in a prior proceeding, citing People v. Sims 1982) 32 Cal.3d 468; p. 8. Collateral estoppel is an aspect of, but not co-extensive with, the broader concept of res judicata. Collateral estoppel traditionally has barred religation of an issue 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, city People v. Sims; p. 9. The Board concluded that collateral estoppel effect can not be given to the SPB proceeding in this case since the issue considered by the The Board concluded that collateral estoppel effect can not be given to the SPB proceeding in this case since the issue considered by the established in People v. Sims has not been met; p. 10.