Pitzen v. Superior Court

Opinion

AARON, J.

I

INTRODUCTION

This case requires us to consider whether a plaintiff in a small claims court action may relitigate, in a subsequent related action, an issue litigated and expressly decided against him in the small claims action. We conclude that such relitigation is precluded where the record is sufficiently clear as to the issue actually litigated and decided in the small claims court.

II

FACTS AND PROCEDURAL BACKGROUND

In April 2002 real party in interest Rich Garcia was driving a car in which Brian O’Dea was a passenger. Garcia got into an accident with another car driven by…