Legal Opinion
Braslow v. Kelly
Appellate Division of the Superior Court of California
Decided June 4, 1957No. Civ. A. No. 9249PublishedCited by 1 opinion
1Opinion of the CourtSwain, J.
This case involves the doctrine of res judicata. “ The doctrine of res judicata has a double aspect. A former judgment operates as a bar against a second action upon the same cause, but in a later action upon a different claim or cause of action, it operates as an estoppel or conclusive adjudication as to such issues in the second action as were actually litigated and determined in the first action.” Todhunter v. Smith (1934), 219 Cal. 690, 695 [28 P.2d 916].
We must decide (1) whether the first action, Braslow v. Cabin Crafts, Inc., and Kelly, Number 311641, in the Municipal Court of Los…
2Cases cited6 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Todhunter v. SmithCalifornia Supreme Court · 1934
- Sanderson v. NiemannCalifornia Supreme Court · 1941
- Blumenthal v. Maryland Casualty Co.California Court of Appeal · 1932
- Schumacher v. Industrial Accident CommissionCalifornia Court of Appeal · 1941
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Davies v. KrasnaCalifornia Court of Appeal · 1970