California Appellate Tracker

Tukes v. Richard, Nos. B307242, B308337, B312086, 2022 Cal. App. LEXIS 604 (Ct. App. July 12, 2022)

July 20, 2022

Recognizing a divergence of opinions on this point, this decision follows Rice v. Crow (2000) 81 Cal.App.4th 725 and Le Parc Community Assn. v. Workers’ Comp. Appeals Bd. (2003) 110 Cal.App.4th 1161 in holding that the bare voluntary pre-trial dismissal of a lawsuit (pursant to settlement with less than all defendants) with prejudice does not result in the “actual litigation” of any issues as is required for issue preclusion purposes. Contrary cases include: Federal Home Loan Bank of San Francisco v. Countrywide Financial Corp. (2013) 214 Cal.App.4th 1520, Estate of Redfield (2011) 193 Cal.App.4th 1526, and Torrey Pines Bank v. Superior Court (1989) 216 Cal.App.3d 813

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California Appellate Tracker

Tukes v. Richard, Nos. B307242, B308337, B312086, 2022 Cal. App. LEXIS 604 (Ct. App. July 12, 2022)

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