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· 7/29/1999

McCutchen v. City of Montclair

Citations

  • 87 Cal. Rptr. 2d 95
  • 73 Cal. App. 4th 1138
  • 99 Daily Journal DAR 7799
  • 99 Cal. Daily Op. Serv. 6116
  • 1999 Cal. App. LEXIS 706

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that Nevada collateral estoppel law, which was applied in Haupt, is identical to California law
  • noting that a preliminary hearing determination “may, in some situations, preclude… relitigating the issue of probable cause to arrest in a subsequent civil suit.
  • litigants must have a “full and fair opportunity” to present their case for res judicata to apply
  • litigants must have a \full and fair opportunity\ to present their case for res judicata to apply
  • “A finding of probable cause to hold the defendant over for trial is a final judgment on the merits for the purposes of collateral estoppel.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McKINSTER

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.