Legal Opinion
Victa v. Merle Norman Cosmetics, Inc.
California Court of Appeal
Decided October 13, 1993No. B065856PublishedCited by 28 opinions
1Opinion of the Court
Opinion
FUKUTO, J.
The question presented is whether an injunctive consent judgment, in a federal age discrimination in employment case brought by the United States Equal Employment Opportunity Commission (EEOC), operates as res judicata to bar the complaining employee’s original action for damages under California law. We conclude that in this case the element of privity between the employee and the EEOC was lacking, and therefore the judgment for defendant based on res judicata must be reversed.
I
In 1985 plaintiff Jessie Louise Victa, who had been an employee of defendant Merle Norman…
2Cases cited25 opinions
- General Telephone Co. of the Northwest, Inc. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1980
- Astoria Federal Savings & Loan Ass'n v. SoliminoSupreme Court of the United States · 1991
- Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
- Clemmer v. Hartford Insurance Co.California Supreme Court · 1978
- Equal Employment Opportunity Commission and Pennsylvania Human Relations Commission v. United States Steel CorporationCourt of Appeals for the Third Circuit · 1990
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3Cited by28 opinions
- Citizens for Open Access to Sand and Tide, Inc. v. Seadrift Ass'nCalifornia Court of Appeal · 1998
- Vines v. University of LouisianaCourt of Appeals for the Fifth Circuit · 2005
- Planning & Conservation League v. Castaic Lake Water AgencyCalifornia Court of Appeal · 2009
- Rodgers v. Sargent Controls & AerospaceCalifornia Court of Appeal · 2006
- Kelly v. Vons Companies, Inc.California Court of Appeal · 1998
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