Clusiau v. Clusiau Enterprises, Inc.
Court of Appeals of Arizona
1Opinion of the Court
OPINION
JOHNSEN, Judge.
¶ 1 We hold under the circumstances presented that a judgment rendered in a small claims ease is not entitled to collateral estop-pel effect in a subsequent action in superior court.
FACTS AND PROCEDURAL BACKGROUND
¶ 2 Bonnie Clusiau is the widow of Arthur Clusiau, the founder of Clusiau Enterprises, Inc. (“CEI”). According to the record, shortly before he died in 1986, Arthur agreed on behalf of CEI to pay Bonnie $350 a month until her death, and CEI made regular payments to Bonnie for 20 years thereafter. The payments ceased, however, in October 2006.
¶ 3 In September…
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