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California Forms of Pleading and Practice--Annotated
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

43-491 California Forms of Pleading and Practice--Annotated 491.syn


Res Judicata


Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


This chapter discusses the preclusion of civil claims or issues by a prior adjudication, including claim preclusion, traditionally known as res judicata; issue preclusion, traditionally known as collateral estoppel; and the assertion, waiver, and proof of the defense. In addition, the chapter addresses and compares the effects of claim and issue preclusion, and the purpose of res judicata. The discussion also covers the relationship of claim and issue preclusion and their purposes, and federal and sister-state judgments. Finally, the chapter considers the doctrine of judicial estoppel, or preclusion of inconsistent positions, as well as special trials of the defense of res judicata.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists, and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers, and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.


Res Judicata,Claim Preclusion,Issue Preclusion,Collateral Estoppel,Direct Estoppel,Sister-State Courts,Waiver of Res Judicata Defense,Proof of Res Judicata Defense,Special Trial of Res Judicata Defense,Judicial Estoppel


For discussion of the res judicata effect of a default judgment, see Chapter 205, Defaults and Default Judgments.

For discussion and forms relating to a separate trial of the defense of res judicata before a trial on the merits, see Chapter 3, Abatement of Actions.


For extensive coverage of the doctrines of res judicata and collateral estoppel as applied in federal courts, see Moore's Federal Practice--Civil (Matthew Bender), Chapter 131, Claim Preclusion and Res Judicata; and Chapter 132, Issue Preclusion and Collateral Estoppel.

For discussion of the application of res judicata in criminal actions, and, in particular, the constitutional double jeopardy protection against successive prosecutions, see California Criminal Defense Practice (Matthew Bender), Chapter 63, Double Jeopardy.

For a memorandum of points and authorities opposing a petition for a writ of mandate or prohibition on the ground that a ruling on a prior petition is res judicata, see California Points & Authorities (Matthew Bender), Chapter 150, Mandate and Prohibition.
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