Legal Opinion · Dissent

Bennett v. Rancho Cal. Water Dist.

California Court of Appeal, 5th District

Decided May 29, 2019No. G054617Published

1Dissent

THOMPSON, J., Concurring and dissenting.

*929I respectfully disagree with the majority's conclusion the trial court incorrectly applied the doctrine of collateral estoppel and prohibited the District from relitigating the prior determination that Bennett was an employee. However, I agree the trial court correctly denied the District's JNOV motion. Accordingly, I would affirm the judgment and the postjudgment order.

The trial court concluded all the elements of collateral estoppel were satisfied. I agree. There was a "final adjudication" of an "identical issue" (Bennett's employee status); that…

2Cases cited5 opinions

  1. DKN Holdings LLC v. FaerberCalifornia Supreme Court · 2015
  2. Wimsatt v. Beverly Hills Weight Loss Clinics International, Inc.California Court of Appeal · 1995
  3. Murphy v. MurphyCalifornia Court of Appeal · 2008
  4. Grubb Co. v. Department of Real EstateCalifornia Court of Appeal · 2011
  5. People v. Dimacali, California Court of Appeal, 5th District2019

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