Five Star Capital Corp. v. Ruby

OPINION

By the Court,

Saitta, J.:

This appeal raises the issue of whether claim preclusion applies to prevent a party from bringing a second lawsuit when the first lawsuit was dismissed under a local court rule for failure to attend a pretrial calendar call. In resolving this issue, we clarify the tests for determining when claim preclusion or issue preclusion applies. We then conclude that claim preclusion applies in the present case and therefore affirm the district court’s order granting summary judgment in favor of respondent based on its ruling that claim preclusion prevents appellant from…