Skip to main content

Res Judicata Defense Against Lying to Court?

The doctrine of res judicata means that a judgment on the merits in a lawsuit involving the same parties will bar a later lawsuit based on the same cause of action; collateral estoppel precludes relitigation of issues already litigated and determined, regardless of whether the prior suit was based on the same cause of action as the subsequent lawsuit.

As an example, an attorney (not attorney herein)  asserted res judicata in defending his client's claim that the order to take a 52 week for DV conduct had been completed, and that the Court's order indicated client had completed the class; however, Wife later discovered that spouse lied, and in fact had not completed the class at all.  The Court had not asked for proof of completion.




Outside of whether or not this was a 'final' order, it is very unlikely that the "res judicata" would stand since the spouse obviously and purposely gave false testimony (since it could not have been true.) Therefore the only reason that the Court gave the first order (removing the completion of the DV class) was because the Court believed it had been completed.

Even if it was too late for a "reconsideration" for new or different facts, no Court likes to find out a participant has lied directly to the Court!!  In fact, such conduct might even be sanctionable since it is wasting the Court's time and the client's money to have to re-visit the issue, which leads to further litigation.

Our opinion would be that most judges would absolutely HATE this because it shows no respect for the Court in general, and we also believe this participant would be sanctioned since his own attorney should have required the client to show proof of the completion to start with. The res judicata should fail.

Popular posts from this blog

Chico Butte County Local Attorney Family Law Divorce Affordable

Chico Family Lawyers - Compare Top Family Attorneys in Chico ... https://www.justia.com/lawyers/family-law/california/chico Chico, California Family Lawyers. LOCAL ATTORNEY  Carolyn J. Chan. Chico, CA Family Law Attorney  with 20+ years experience. From Family Law Attorney Chico C. Chan "Affordable services, great reviews+references, 98.5% win rate, friendly down to earth service with a smile--no guts, no glory!" Family Law Attorney in Chico  C. Chan, Esq. Can't Let Go of the Past? It happens....we focus on what went wrong during marriage, but don't focus… 5 days ago Family Law Attorney Chico C. Chan Website Directions Butte County Family Lawyers - Compare Top Family Attorneys in Butte ...

Why Pay to "Settle" Cases When You can Win??

Remarkably, some attorneys are in the business of charging fees to "settle" cases when you could have done that yourself....often they call this "mediation" of cases, and we don't mean mediation as to child custody.  We mean mediation-- of  all issues. PITFALLS OF MEDIATION.....Y OU ARE NOT REPRESENTED BY COUNSEL AND YOU  DON'T KNOW YOUR RIGHTS !! This attorney's past experience with such cases usually means that one client forces the other to cave in, while the client who caves in doesn't even realize that he or she caved in when it was not necessary.  OR-- one party knowingly concedes a major issue, without realizing just how major the issue is (because he/she has no attorney representing him/her) -- and then loses his/her ass, because he/she thought they were "saving money" when that was not the case. For example, attorney has seen this done where one client who was earning $85k a year gross, vs the other party was earning

DO YOU NEED TEMPORARY SUPPORT? YES!!!!

It is possible.......that a client may fail to request temporary            spousal support "unknowingly"......  and in so doing, because an "agreement" or stipulation was entered as to permanent support , and there was no motion to the court asking for temporary support-- there was no date to which a trial court could make the permanent support order retroactive in accordance with Family Code Section 4333. Family Code section 4333 controls the permissible date on which a permanent spousal support order may begin. In contrast, an order for temporary spousal may, at the court's discretion, be made retroactive to the date on which the petition for dissolution was filed, or in some cases, on the date that the request for order was filed.   [Under FC4009, an original order for child support may generally be made retroactive to the date of filing the petition, complaint, or other initial pleading] Basically, without a filed separate request for temporary