| 词汇 | Collateral Estoppel3 |
| 释义 | `1`Collateral Estoppel3 `2` "Legal Lexicon": Another line of authority states that a party consenting to judgment against him admits those elements of the litigation 'which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto' (Code Civ.Proc., section 1911) and may suffer collateral estoppel effect unless the parties expressly reserved or withdrew that issue from the prior judgment. (In re Marriage of Buckley (1982) 133 Cal.App.3d 927, 35; Ellena v. State of California, supra, 69 Cal.App.3d at 261.) For example, where the defendants in a foreclosure action withdrew a defense of fraud and consented to a judgment, they 'necessarily admitted the validity of the instruments' and were precluded from collaterally litigating their claim they were induced by fraud to execute the instruments (Wittman v. Chrysler Corp. (1988) 199 Cal.App.3d 586, 91); where an ex-husband consented to a prior judgment for alimony after raising a defense that his obligation was terminated by the wife's remarriage, he was precluded from relitigating whether her remarriage terminated the obligation. (Avery v. Avery (1970) 10 Cal.App.3d 525, 529-30.) Collateral estoppel does not apply to an issue which could not have been raised in the prior proceedings. (See Chern v. Bank of America (1976) 15 Cal.3d 866, 871-72 ['different historical transaction']; Vella v. Hudgins, supra, 20 Cal.3d 251, 255 [limited nature of issues which may be asserted in unlawful detainer; cross-complaints generally not allowed].) A prior judgment, arrived at by stipulation with no issues actually litigated, does not preclude another action, because the face of the judgment does not show the parties so intended. (See Rappenecker v. Sea-Land Service, Inc. (1979) 93 Cal.App.3d 256, 263-64 [a judgment by stipulation does not cover matters not in the stipulation; failure to include sufficiently comprehensive language in compromise offer allowed additional relief to be granted against party who believed compromise amount excluded court costs].) |
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