California, United States of America
The following excerpt is from Mycogen Corp. v. Monsanto Co., 123 Cal.Rptr.2d 432, 28 Cal.4th 888, 51 P.3d 297 (Cal. 2002):
As the federal district court recently explained in Criste v. City of Steamboat Springs (D.Colo.2000) 122 F.Supp.2d 1183, 1187: "[T]he great weight of authority holds that where a party seeks declaratory as well as coercive relief, the declaratory judgment exception to res judicata does not apply." In Criste, the plaintiff was barred by res judicata from bringing a second action for damages under federal law, after obtaining both a declaratory judgment and injunctive relief in a prior state action against the same defendant. (Id. at p. 1190.) The court followed Colorado law, which, like California law, applies the rule that a declaratory judgment does not constitute an absolute bar to subsequent proceedings. (Id. at p. 1187, citing Atchison v. City of Englewood (1973) 180 Colo. 407, 414, 506 P.2d 140.)
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