· 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 CourtListenerSourced 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.