Is collateral estoppel appropriate to establish liability in a civil case based upon a prior felony conviction?

California, United States of America

The following excerpt is from Kerley v. Weber, B282202, B283256 (Cal. App. 2018):

Applying collateral estoppel to establish liability in a civil case based upon a prior felony conviction is appropriate when the prior criminal case established all the elements of the civil claims. (Miller v. Superior Court (1985) 168 Cal.App.3d 376, 381-382.) Here, in finding Weber guilty under Penal Code section 368, subdivision (d) the trial court necessarily found all the elements of financial abuse of an elder under Welfare and Institutions Code section 15610.30.

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