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

Res judicata gives conclusive effect to a former judgment in subsequent litigation involving the same controversy where the following elements are met: (1) a claim or issue raised in the present action is identical to a claim or issue litigated in a prior proceeding; (2) the prior proceeding resulted in a final judgment on the merits; and (3) the party against whom the doctrine is being asserted was a party or in privity with a party to the prior proceeding. (p. 31.)