What is the effect of the law of preclusion on a motion for damages brought by the same party in a separate action?

California, United States of America


The following excerpt is from Struiksma v. Ocwen Loan Servicing, LLC, 280 Cal.Rptr.3d 881, 66 Cal.App.5th 546 (Cal. App. 2021):

"The law of preclusion helps to ensure that a dispute resolved in one case is not relitigated in a later case.... [I]ts contours and associated terminology have evolved over time. We now refer to claim preclusion rather than res judicata [citation], and use issue preclusion in place of direct or collateral estoppel .... " ( Samara v. Matar (2018) 5 Cal.5th 322, 326, 234 Cal.Rptr.3d 446, 419 P.3d 924.) "Claim preclusion prevents relitigation of entire causes of action. [Citations.] [It] applies only when a second suit involves (1) the same cause of action (2) between the same parties [or their privies] (3) after a final judgment on the merits in the first suit. [Citation.] Issue preclusion, by contrast, prevents relitigation of previously decided issues, rather than causes of action as a whole. [Citation.] It applies only (1) after final adjudication (2) of an identical issue (3) actually litigated and necessarily decided in the first suit and (4) asserted against one who was a party in the first suit or one in privity with that party. " ( Id. at pp. 326-327, 234 Cal.Rptr.3d 446, 419 P.3d 924.)

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