Flynn v. Gorton

Opinion

SCOVILLE, P. J.

The trial court sustained a demurrer to John Flynn’s cross-complaint without leave to amend after determining that a prior judicial arbitration award against Flynn was res judicata. Because we hold a judicial arbitration award has no conclusive effect on issues raised in a subsequent proceeding on a different cause of action, we reverse the judgment. As we shall explain, Flynn’s action was not barred by res judicata because his cross-complaint stated a different cause of action than that involved in the judicial arbitration proceeding. Nor was Flynn barred under the…