| 词汇 | Collateral Estoppel2 |
| 释义 | `1`Collateral Estoppel2 `2` "Legal Lexicon": 'Only a final judgment that is 'sufficiently firm' can be issue preclusive.' Luben Indus. v. U.S., 707 F.2d 1037, 40 (9th Cir.'83). To ascertain the 'firmness' of a judgment, courts look to various factors, including whether the decision was tentative, whether the parties were fully heard, whether the court supported its decision with a reasoned opinion, and whether the decision was subject to appeal or was actually reviewed on appeal. Luben, at 1040 (quoting Restatement(2d) of Judgments S 13 cmt. g (1982)). Luben affirmed the district court's determination that an interlocutory order issued by another judge in the same district was not 'sufficiently firm' because 'it could not have been the subject of an appeal. ' Id. Prior litigation by the same parties on a different cause of action has a collateral estoppel effect only as to those issues litigated and determined in the prior action. (7 Witkin, Cal.Procedure (3d ed.1985) Judgment, section 253, p.691.) The party asserting collateral estoppel has the burden to show from the record of the prior action that the asserted issue was previously litigated and determined. (Vella v. Hudgins (1977) 20 Cal.3d 251, 257-58.) In Pelletier v. Alameda Yacht Harbor (1986) 188 Cal.App.3d 1551, a prior unlawful detainer was resolved by a stipulated judgment. The appellate court rejected the collateral estoppel defense, saying, 'Here, the unlawful detainer action was resolved by stipulated judgment which made no mention of a relinquishment by the Pelletiers of claims arising from a retaliatory eviction. The retaliation defense was not fully and fairly litigated in an adversary hearing, and thus was not conclusively established.' (Id. at p.1557.) California State Auto. Assn. Inter-Ins. Bureau v. Superior Court (1990) 50 Cal.3d 658, 64, 67 held that 'a stipulated judgment may properly be given collateral estoppel effect, at least when the parties manifest an intent to be collaterally bound by its terms.' (Id. at 664, emphasis added.) The court held on the particular facts that 'by specifically stipulating to the issue of liability, the parties intended the ensuing judgment to collaterally estop further litigation on that issue.' (Id. at 664-65, fn.2.) By so limiting its holding the CSAA court avoided any conflict with the rule recognized in an annotation it cited, (1979) 91 A.L.R.3d 1170, 174, that a consent judgment is not usually given preclusive effect in subsequent litigation on a different cause of action, unless the parties manifest an intent in the consent judgment to give it such preclusive effect. (CSAA, supra, 50 Cal.3d at 664-65, fn. 2.) That general rule is based on reasoning that 'the parties to a consent judgment generally intend merely to put an end to the litigation at hand.' (91 A.L.R.3d at 1174.) It is supported also by comment e to section 27 of the Restatement Second of Judgments, at 257: 'In the case of a judgment entered by confession, consent, or default, none of the issues is actually litigated. Therefore, the rule of this Section does not apply with respect to any issue in a subsequent action. The judgment may be conclusive, however, with respect to one or more issues, if the parties have entered an agreement manifesting such an intention.' 'In such a case the effect results not from the rule of this Section but from an agreement manifesting an intention to be bound.' (Rest.2d Judgments, section 27, reporter's notes, p.269.) A prior stipulated or consent judgment is subject to construction as to the parties' intent, and if sufficiently ambiguous may be interpreted in light of extrinsic evidence. (United States Fire Ins. Co. v. Johansen (1969) 270 Cal.App.2d 824, 837-39; see Larsen v. Beekmann (1969) 276 Cal.App.2d 185, 91; Ellena v. State of California (1977) 69 Cal.App.3d 245, 61.) Go to Collateral Estoppel3 |
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