Date Posted: September 26, 2009 by CaliLaw
Demurrer - Res Judicata/Collateral Estoppel
Demurrer to wrongful death complaint broght by decedent's survivors where the same issue was already tried to verdict in a personal injury suit against defendant. Plaintiff in the death suit was in privity with plaintiff in the personal injury suit, and the same primary right was alleged to have been violated in the first suit, so defendant argues that the current suit is barred.