Does a consent judgment have any effect on a subsequent consent judgment?

California, United States of America


The following excerpt is from Gault v. Sass Elec., Inc., D069107 (Cal. App. 2016):

The legal doctrines of merger and res judicata do not necessarily apply when judgments are entered by consent or stipulation. 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." Landeros v. Pankey (1995) 39 Cal.App.4th 1167, 1172 [discussing that parties to a consent judgment may not have actually litigated any disputed issues].) "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." (Ibid.)

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