7
California Procedure (4th), Judgment
I. INTRODUCTION
A. [§1] Nature and Classification of Judgment.
B. [§2] Effect of Judgment on Nonparty.
C. Effect of Death of Party.
1. [§3] Before Action Commenced.
2. [§4] Before Verdict or Submission.
3. [§5] After Verdict or Submission.
4. [§6] Effect of Enforcement of Judgment.
II. FINAL JUDGMENT
A. [§7] Various Uses of Term.
B. Distinctions.
1. [§8] Order.
2. [§9] Announcement of Decision and Proposed Judgment.
3. [§10] Opinion of Trial Court.
4. [§11] Judgment on Appeal.
III. INTERLOCUTORY JUDGMENTS AND ORDERS
A. In General.
1. [§12] Nature of Determination.
2. [§13] Characteristic Features.
B. Order for Accounting.
1. [§14] Order Considered Final Judgment: Zappettini Line of Cases.
2. [§15] Order Considered Interlocutory: Gunder Line of Cases.
C. Other Nonstatutory Types.
1. [§16] Specific Performance.
2. [§17] Reformation.
3. [§18] Quiet Title.
4. [§19] Mortgage Foreclosure.
5. [§20] Miscellaneous Examples.
D. [§21] Statutory Types.
IV. ALTERNATIVE AND CONDITIONAL JUDGMENTS
A. [§22] Alternative Judgment.
B. Conditional Judgment.
1. [§23] Nature.
2. Illustrations.
(a) [§24] Quiet Title.
(b) [§25] Specific Performance.
(c) [§26] Injunction.
(d) [§27] Restitution.
3. [§28] Limitations on Power.
V. FORM AND CONTENT OF JUDGMENT
A. [§29] In General.
B. Content of Particular Judgments.
1. Money Judgment.
(a) [§30] In General.
(b) [§31] Installment Payments.
2. [§32] Specific Recovery of Personal Property.
3. [§33] Unlawful Detainer.
4. [§34] Injunction.
5. [§35] Condemnation.
6. [§36] Marriage: Dissolution, Nullity, Separation.
7. [§37] Dependency and Wardship Proceedings.
C. Joint and Several Judgments.
1. [§38] In General.
2. [§39] Defendants: Contract Actions.
3. Defendants: Tort Actions.
(a) [§40] Economic Damages.
(b) [§41] Noneconomic Damages.
D. Certainty and Construction.
1. [§42] Requirement of Certainty.
2. [§43] Construction To Uphold.
VI. RENDITION OF JUDGMENT
A. Judicial Act of Judge.
1. [§44] What Constitutes Rendition.
2. [§45] Decision by Judge Who Tried Case.
B. [§46] Minute Order on Motion.
C. Judgment After Trial or Hearing.
1. [§47] Former Law.
2. [§48] Statement of Decision Procedure.
D. [§49] Formal Order of Dismissal or Nonsuit.
VII. ENTRY OF JUDGMENT
A. Ministerial Act of Clerk.
1. [§50] In General.
2. [§51] Judgment Ineffectual Until Entry.
3. Place and Form of Entry.
(a) [§52] Judgments.
(b) [§53] Dismissals and Nonsuits.
(c) [§54] Probate Orders.
(d) [§55] Other Orders.
4. Time of Entry.
(a) [§56] Judgments.
(b) [§57] Minute Orders.
5. Notice of Entry.
(a) [§58] Purpose and Entry.
(b) [§59] Notice by Party.
(c) Notice by Clerk.
(1) [§60] In General.
(2) [§61] Notice in Marital Proceedings.
B. Nunc Pro Tunc Entry.
1. [§62] Nature of Power.
2. [§63] Limitations on Power.
3. Grounds.
(a) [§64] Death of Party.
(b) [§65] Other Situations.
C. [§66] Abstract of Judgment.
VIII. CORRECTION AND AMENDMENT OF JUDGMENT
A. No Correction of Judicial Error.
1. [§67] General Principle.
2. [§68] What Constitutes Judicial Error.
B. Correction of Clerical Error After Entry.
1. [§69] Nature of Power To Correct.
2. Illustrations.
(a) [§70] Purely Clerical Errors.
(b) [§71] Inadvertent Error of Trial Judge.
(c) [§72] Mistake of Attorney Draftsman.
(d) [§73] Clarification of Ambiguity.
(e) [§74] Judge's Intention To Rule Correctly.
(f) [§75] Judgment Based on Invalid Stipulation.
3. Procedure.
(a) [§76] Motion.
(b) [§77] Notice.
(c) Proof of Error.
(1) [§78] Methods of Proof.
(2) [§79] Trial Judge's Determination Upheld.
(3) [§80] Trial Judge's Determination Rejected.
C. Final Judgments Subject to Modification.
1. [§81] Statutory Authority To Modify Judgment.
2. [§82] Express Reservation of Jurisdiction.
3. Inherent Power.
(a) [§83] In General.
(b) [§84] Prohibitory Injunction.
IX. RECOVERY OF COSTS
A. In General.
1. [§85] Statutory Right to Costs.
2. [§86] Award Against Government.
2A. [§86A] No Award Against Absent Class Members.
3. [§87] Incident to Judgment.
4. [§88] Distinctions.
B. Recovery of Costs as Matter of Right.
1. Significance of Prevailing Party.
(a) [§89] Former Law.
(b) [§90] 1986 Revision: Prevailing Party Determined by Statute.
2. Prevailing Party Defined by C.C.P. 1032.
(a) [§91] Party Who Obtains Net Monetary Recovery.
(b) [§92] Defendant Who Obtains Dismissal.
(c) [§93] Defendant Where Neither Party Recovers.
(d) [§94] Defendant Against Whom Plaintiff Recovers Nothing.
3. [§95] Prevailing Party in Specified Actions.
4. [§96] Apportionment of Costs Among Multiple Parties.
C. Recovery of Costs as Matter of Court's Discretion.
1. [§97] Prevailing Party Determined by Court.
2. Illustrations.
(a) [§98] Where Party Recovers Something Other Than Money.
(b) Where Judgment Could Have Been Rendered in Court of Lesser Jurisdiction.
(1) [§99] General Rule in Superior Court.
(2) [§100] Application of Rule in Personal Injury Actions.
(3) [§101] Recovery Below Small Claims Maximum.
(c) [§102] Equitable Actions.
(d) [§103] Probate Proceeding.
(e) [§104] Marital Litigation.
(f) [§105] Interpleader Proceeding.
(g) [§106] Housing Development Action Against Public Entity.
(h) [§107] Action Rendered Moot Before Judgment.
(i) [§107A] (New) Action Under Fair Employment and Housing Act.
D. Recovery of Costs Prohibited.
1. [§108] Controverted Issue Decided in Defendant's Favor.
2. [§109] Disclaimer or Default in Quiet Title.
3. [§110] Unnecessary Additional Trial.
E. Recovery Following Offer To Compromise.
1. [§111] Defendant's Compromise Offer.
2. [§112] Plaintiff's Compromise Offer.
3. [§113] Judgment Between Compromise Offers.
X. ITEMS ALLOWABLE AS COSTS
A. [§114] In General.
B. [§115] Conditions.
C. General Costs.
1. [§116] Attorneys' Fees.
2. [§117] Attorneys' Meals.
3. [§118] Travel.
4. [§119] Postage, Telephone, Photocopying, and Facsimile Charges.
5. [§120] Referee's Fees.
6. [§121] Condemnation Expert.
7. [§121A] (New) Mediation Expenses.
D. Pretrial Costs.
1. [§122] Filing and Motion Fees.
2. [§123] Service of Process.
3. [§124] Provisional Remedies.
4. [§125] Depositions.
5. [§126] Investigation.
E. Trial Costs.
1. [§127] Exhibits.
2. [§128] Fees of Ordinary Witness.
3. [§129] Fees of Expert Witness.
4. [§130] Mileage.
5. [§131] Reporter's Fees.
6. [§132] Jury Fees and Expenses.
F. Costs of Enforcing Judgment.
1. [§133] In General.
2. [§134] Attorneys' Fees.
XI. PROCEDURE FOR OBTAINING COSTS
A. Memorandum of Costs.
1. [§135] In General.
2. Service and Filing.
(a) [§136] Time Limits.
(b) [§137] Late Filing.
(c) [§138] Premature Service or Filing.
3. [§139] Memorandum or Motion After Judgment.
B. Challenging Award of Costs.
1. [§140] Motion To Strike or Tax Costs.
2. [§141] Service and Filing.
3. [§142] Burden of Proof.
C. Judgment.
1. [§143] Inclusion of Cost Award.
2. [§144] Failure To Include Costs.
XII. RIGHT TO ATTORNEYS' FEES
A. [§145] In General.
B. Nature of Fees.
1. [§146] Fees as Costs.
2. Fees as Damages.
(a) [§147] "Tort of Another" Doctrine.
(b) [§148] Action Based on Failure To Defend.
(c) [§149] Action Based on Insurer's Bad Faith.
(d) [§150] Defense of Attorney's Action.
3. [§151] Other Types of Fee Awards.
C. Recipients of Fees.
1. [§152] Client.
2. Attorney Representing Himself.
(a) [§153] Early Rule Against Recovery of Fees Questioned.
(b) [§154] Rule Reaffirmed: Attorney May Not Recover Fees.
2A. [§154A] (New) Attorney Represented by Other Members of Own Firm.
3. [§155] Nonattorney Representing Himself.
4. [§156] In‑House Counsel.
XIII. BASES FOR FEES
A. Contract Provision.
1. [§157] Nature and Effect.
2. [§158] Illustrations.
3. Interpretation of Provision.
(a) [§159] Proceedings Covered.
(b) [§160] Test of Net Recovery.
(c) [§161] Fees Not Paid or Incurred.
B. Statutory Extension of Contract Right.
1. In General.
(a) [§162] Nature and Purpose of C.C. 1717.
(b) [§163] Retroactive Operation.
(c) [§164] Shareholders' Derivative Action.
(d) [§165] Action Not Related to Fee Provision.
(e) [§166] Contract Action Based on Book Account.
(f) [§167] No Judicially Established Bilateral Fee‑Shifting.
2. [§168] Necessity of Attorneys' Fee Provision.
3. Necessity of Action "On the Contract."
(a) [§169] Action Where No Contract Formed.
(b) [§170] Action Where Contract Rescinded.
(c) [§171] Action Involving Fraudulent Inducement To Contract.
(c-1) [§171A] (New) Action To Foreclose Mechanic's Lien.
(d) Tort Action Arising Out of Contract.
(1) [§172] Uncertainty Whether Action Based on Contract or Tort.
(2) [§173] Availability of Fees Under C.C.P. 1021.
(3) [§174] Nature of Affirmative Defense.
(d-1) [§174A] (New) Action for Equitable Relief.
(e) [§175] Action for Declaratory Relief.
(e-1) [§175A] (New) Action on Lease for Breach of Implied Warranty of Habitability.
(e-2) [§175B] (New) Action by Party With Security
Interest in Personal Property.
(f) [§176] Contract Action Reduced to Judgment.
(g) [§177] Offset for Damages on Other Causes of Action.
4. Prevailing Party.
(a) [§178] Party Recovering Greater Relief.
(b) [§179] No Requirement of Final Judgment.
(c) Discretion of Judge.
(1) [§180] In General.
(2) [§181] Multiple Prevailing Parties.
(3) [§182] No Prevailing Party.
(d) [§183] Final Disposition Required.
(e) [§184] Voluntary Dismissal.
[§184A]
(New) Distinction: Fees Incurred in
Defending Noncontract Claims.
[§184B] (New) Distinction: Voluntary Dismissal of
Trial De Novo Following Arbitration.
[§184C] (New) Distinction: Issue of Entitlement to Costs and Attorneys' Fees
Expressly Reserved.
[§184D]
(New) Distinction: Where Prevailing
Party's Right to Fees Arises Under Another Statute.
(f) [§185] Settlement Under C.C.P. 998.
5. Nonsignatory Parties.
(a) Fees Sought by Nonsignatory Parties.
(1) [§186] Fees Allowed.
(2) [§187] Fees Denied.
(b) Fees Sought From Nonsignatory Parties.
(1) [§188] Fees Denied.
(2) [§189] Fees Allowed.
C. Statute.
1. [§190] Partition Action.
2. Review of Administrative Determination.
(a) Under Govt.C. 800.
(1) [§191] In General.
(2) [§192] "Public Entity."
(3) [§193] "Arbitrary and Capricious."
(4) [§194] "Complainant Only."
(5) [§195] Need for Formal Hearing.
(b) [§196] Welfare Determination.
(c) [§197] Hospital Disciplinary Decision.
3. [§198] Action Against Surety on Government Construction Bond.
4. [§199] Action Under Fair Employment and Housing Act.
5. [§200] Actions To Enforce Equitable Servitudes.
6. [§201] Other Actions Under California Statutes.
7. Unsuccessful Actions: Award to Defendant.
(a) [§202] In General.
(b) [§203] Unwarranted Action for Governmental Tort, Indemnity, or Contribution.
8. Actions Under Federal Statutes.
(a) [§204] In General.
(b) [§205] Equal Access to Justice Act.
(c) Civil Rights Attorney's Fees Awards Act of 1976.
(1) [§206] In General.
(2) [§207] Action Involving Both Covered and Not Covered Claims.
(3) [§208] Prevailing Party.
(4) [§209] Reasonable Fee.
(5) [§210] Contingent Fee.
(6) [§211] Award Against State.
(7) [§212] Attorney Representing Himself Not Entitled to Fee.
(8) [§213] No Award in Independent Action.
(9) [§214] Award by California Court.
D. Benefits Conferred.
1. Recovery of Common Fund.
(a) [§215] General Principle.
(b) Illustrations.
(1) [§216] Fees Allowed.
(2) [§217] Fees Denied.
(c) [§218] Effect of Probate Code.
(d) [§219] Amount of Award.
2. [§220] Preservation of Common Fund.
3. [§221] Benefits Without Fund.
4. Private Attorney General Theory.
(a) Equitable Theory.
(1) [§222] Federal Rejection of Theory.
(2) [§223] California Rule: Serrano Case.
(3) [§224] Fees Denied.
(b) Codification of Theory.
(1) [§225] Enactment of C.C.P. 1021.5.
(2) Criteria for Applying Statute.
(aa) [§226] Woodland Hills Case.
(bb) [§227] Determination of Criteria by Appellate Court.
(3) Causal Connection Required.
(aa) [§228] In General.
(bb) [§229] Relief Obtained Without Judgment.
(4) Fees Awarded.
(aa) [§230] Environmental Enforcement and Zoning Actions.
(bb) [§231] Action Affecting Criminal Justice System.
(cc) [§232] Abortion Rights.
(dd) [§233] Right To Circulate Petition.
(ee) [§234] Employees' Civil Rights.
(ff) [§235] Students' Civil Rights.
(gg) [§236] Other Civil Rights.
(hh) [§237] Actions Affecting the Electoral Process.
(ii) [§238] Action Challenging Business Practices.
(jj) [§239] Rights of Members of Nonprofit Corporations.
(kk) [§240] No First Amendment Defense.
(ll) [§240A] (New) Action Involving Welfare Benefits.
(5) Fees Denied.
(aa) [§241] Defense of Criminal Case.
(bb) [§242] No Public Interest Vindicated.
(cc) [§243] No Financial Burden of Private Enforcement.
(dd) [§244] Party Not Successful.
(ee) [§245] Lobbying Efforts.
(ff) [§245A] (New) Other Statutory Grounds for Fees Exist.
(6) Recipients of Fees.
(aa) [§246] In General.
(bb) [§247] Public Entity.
(cc) [§248] Private Entity That Cooperates With Public Entity.
(dd) [§249] Legal Services Attorney.
(ee) [§250] Pro. Per. Litigant.
(ff) [§250A] (New) Attorney Who Personally Benefits From Action.
(7) Nature of Proceeding to Which Statute Applies.
(aa) [§251] Writ Proceeding in Appellate Court.
(bb) [§252] Habeas Corpus Proceeding.
(cc) [§253] Administrative Proceeding.
(8) [§254] Award After Settlement.
XIV. PROCEDURE FOR OBTAINING FEES
A. Motion Procedure.
1. [§255] In General.
2. [§256] Fees Based on Contract.
3. [§257] Fees Based on Statute.
4. [§258] Fees Based on Other Grounds.
5. [§259] Fees Awarded as Damages.
6. [§260] Timing of Motion.
B. Amount of Award.
1. [§261] General Formula for Calculation.
1A. [§261A] (New) Use of Percentage-of-Benefit as Multiplier in Class Action.
2. [§262] Fees Based on Contract.
3. [§263] Fees Based on Statute.
[§263A]
(New) Use of Lodestar Approach To Calculate Fees Awarded Under Statute.
4. Fees Awarded Under Private Attorney General Doctrine.
(a) [§264] In General.
(b) [§265] Representation by Public Interest Law Firm.
(c) [§266] Award After Limited Success.
(d) [§267] Multiple Defendants.
(e) [§268] Time Spent in Obtaining Award.
(f) [§269] Budget Act Restrictions Invalid.
5. [§269A] (New) Fees Negotiated in Settlement of Shareholder Derivative Action.
XV. INTEREST
A. [§270] Interest on Obligation or as Damages.
B. [§271] Interest on Verdict or Decision.
C. Interest on Judgment.
1. From Date of Entry.
(a) [§272] General Rule.
(b) [§273] Rate of Interest.
(c) [§274] Rate Applicable to Local Public Entities.
(d) [§275] No Compounding of Postjudgment Interest.
2. Judgments to Which Rule Applies.
(a) [§276] Judgment in a Marital Cause.
(b) [§277] Qualified Consent Judgment.
(c) [§278] Other Judgments.
3. [§279] Where Modified or Reversed on Appeal.
XVI. RES JUDICATA
A. In General.
1. [§280] Nature of Doctrine.
2. [§281] Scope and Effect.
3. Restatement Second.
(a) [§282] Scope and Terminology.
(b) [§283] Other Rules of Estoppel.
(c) [§284] Res Judicata and Law of Procedure.
3A. (New) Distinction: Judicial Estoppel
(a) [§284A] (New) Nature of Doctrine.
(b) [§284B] (New) Illustrations.
4. [§285] Distinction: Direct Estoppel.
5. [§286] Where Doctrine Is Inapplicable.
6. Discretionary Rejection of Doctrine.
(a) [§287] Greenfield Case and Criticisms.
(b) [§288] Slater Case.
(c) [§289] Other Cases.
7. [§290] Statutory Modification of Doctrine.
8. Proof and Waiver of Defense.
(a) [§291] Waiver and Estoppel.
(b) [§292] Methods of Proof.
B. Type of Court or Tribunal.
1. [§293] In General.
2. California Trial Courts.
(a) [§294] Superior and Municipal Courts.
(b) [§295] Small Claims Courts.
3. Sister State Courts.
(a) [§296] Sister State Judgment in State Action.
(b) [§297] State Judgment in Federal Action.
4. [§298] Federal Courts.
5. [§299] Foreign Court.
6. [§300] Reviewing Court.
7. [§301] Workers' Compensation and Public Utilities Tribunals.
8. Administrative Tribunals.
(a) [§302] Limited Application of Doctrine.
(b) [§303] Exceptions.
(c) [§304] State Administrative Determination in Federal Action.
9. [§305] Arbitration Award.
C. Nature of Judgment or Order.
1. Final Judgment.
(a) What Are Not Final Judgments.
(1) [§306] Interlocutory Orders.
(2) [§307] Judgments Not Yet Final.
(b) [§308] Final Intermediate Judgments.
(c) [§309] First Judgment in Pending Actions.
(d) Latest Judgment in Successive Actions.
(1) [§310] In General.
(2) [§311] Judgments in Different States.
(e) [§312] Judgment Final for Collateral Estoppel.
2. Judgment on Merits.
(a) [§313] In General.
(b) What Judgments Are on Merits.
(1) [§314] Judgment After Trial on Facts.
(2) [§315] Judgment Without Trial on Facts.
(3) [§316] Declaratory Judgment.
(4) [§317] Judgment on Extraordinary Writ.
(c) Judgment on Demurrer.
(1) [§318] Rule and Theory.
(2) [§319] Judgment Not on Merits.
(3) [§320] Judgment a Bar.
(d) [§321] Voluntary Dismissal.
(e) Involuntary Dismissal.
(1) [§322] In General.
(2) [§323] Refusal To Comply With Discovery Order.
(f) [§324] Nonsuit in Jury Trial.
(g) [§325] Judgment on Motion in Court Trial.
(h) [§326] Effect of Recitals in Judgment.
3. [§327] Judgment In Rem or Quasi In Rem.
4. [§328] Judgment Affecting Status.
5. Successive Civil and Criminal Judgments.
(a) [§329] In General.
(b) Prior Criminal Proceeding.
(1) Prior Acquittal Not Res Judicata.
(aa) [§330] Acquittal in Criminal Trial.
(bb) [§331] Dismissal of Contempt Proceeding.
(2) Prior Conviction.
(aa) [§332] Felony Conviction.
(bb) [§333] Misdemeanor Conviction.
(3) [§334] Prior Ruling on Motion To Suppress Evidence.
(4) [§334A] (New) Prior Ruling at Preliminary Hearing.
(c) [§335] Prior Juvenile Proceeding.
(d) [§336] Prior Civil Proceeding Not Res Judicata.
6. [§337] Successive Criminal Proceedings.
7. Successive Judicial and Administrative Proceedings.
(a) [§338] Prior Civil Judgment.
(b) Prior Administrative Decision.
(1) [§339] Collateral Estoppel Applied.
(2) [§340] Collateral Estoppel Inapplicable.
(c) [§341] Prior Order Suppressing Evidence.
D. Judgment as Merger or Bar.
1. Judgment for Plaintiff as Merger.
(a) [§342] In General.
(b) [§343] Single Cause of Action.
(c) [§344] Mutually Exclusive Remedies.
(d) [§345] Distinction: Different Cause of Action.
(e) [§346] Exception: Matter Left Open.
(f) [§347] Exceptions to Rule Against Splitting.
2. Judgment for Defendant as Bar.
(a) [§348] General Rule.
(b) Theories for Determining Whether Cause of Action Is Different.
(1) [§349] Different Nucleus of Facts.
(2) [§350] Different Primary Right.
(c) [§351] Choice of Wrong Remedy.
3. [§352] Judgment on Cross‑Complaint.
4. [§353] Failure To Plead Equitable Defense.
E. Judgment as Collateral Estoppel.
1. [§354] General Principle.
2. Identity of Issue Litigated.
(a) Determining Whether Issue Has Been Litigated.
(1) [§355] In General.
(2) [§356] Nature of First Proceeding.
(3) [§357] Entire Record Admissible.
(4) [§358] Extrinsic Evidence.
(b) [§359] Issues Distinguished From Legal Theories.
3. Illustrations of Collateral Estoppel.
(a) [§360] Contract Actions.
(b) Tort Actions.
(1) [§361] In General.
(2) [§362] Where Indemnity Sought.
(3) [§362A] (New) Legal Malpractice Action.
(c) [§363] Property Actions.
(d) Dissolution and Legal Separation.
(1) [§364] In General.
(2) [§365] Issues Determined.
(3) [§366] Distinction: Issue Not Litigated.
(e) [§367] Other Proceedings.
4. When Judgment Is Not Conclusive.
(a) Issue Excluded or Reserved.
(1) [§368] In General.
(2) [§369] Unlawful Detainer.
(b) [§370] Determination Not Essential.
(c) [§371] Issue Not Properly Triable.
(d) [§372] New Property or Other New Facts.
(e) [§373] Acts After Entry of Judgment.
(f) [§374] Judgment on General Verdict.
(g) [§375] Appellate Judgment Without Opinion.
(h) [§376] Compromise Verdict in Negligence Action.
(i) [§377] Judgment on Offer To Compromise.
(j) [§378] Different Standard of Proof.
(j-1) [§378A] (New) Different Elements of Proof Required by Sister State Court.
(k) Question of Law.
(1) [§379] Determination May Be Conclusive.
(2) [§380] Injustice Exception.
(3) [§381] Public Interest Exception.
(4) [§382] Review of Initial Judgment Unavailable.
5. [§383] Admission in Pleadings.
6. Judgment by Default.
(a) [§384] Nature of Problem.
(b) [§385] Ordinary Judgments as Collateral Estoppel.
(c) [§386] Where Issue Not Raised.
(d) [§387] Default Dissolution of Marriage.
F. Effect on Parties, Privies, and Strangers.
1. Parties.
(a) [§388] Substantial Identity.
(b) Parties Who Are Not Bound.
(1) [§389] Nonadversary Parties.
(2) [§390] Parties in Representative Capacity.
(c) [§391] Codefendants Who Are Adversaries.
2. Persons in Privity.
(a) In General.
(1) [§392] Nature of Privity.
(2) [§393] Test: Whether Party Is "Sufficiently Close."
(3) [§394] No Privity With Government Enforcement Agency in Discrimination Action.
(4) [§395] Privity of City and State in Criminal Case.
(5) [§396] Restatement View.
(b) Interest in Subject Matter.
(1) [§397] Successor in Interest.
(2) [§398] Interest Previously Acquired.
(c) Persons Represented by Fiduciary.
(1) [§399] General Rule.
(2) [§400] Exceptions.
(d) [§401] Persons Represented in Class Suit.
(e) Persons Who Control or Participate.
(1) [§402] Nature and Scope of Rule.
(2) [§403] Illustrations.
(f) [§404] Insurer.
3. Stranger.
(a) Not Bound by Judgment.
(1) [§405] General Principle.
(2) [§406] Illustrations.
(3) [§407] Exceptions: Judgments Binding.
(b) Collateral Estoppel Asserted by Stranger.
(1) [§408] Former Mutuality Requirement.
(2) [§409] Derivative Liability.
(3) [§410] Bernhard Case Repudiating Mutuality Requirement.
(4) [§411] Decisions Applying Bernhard Rule.
(5) Asserting Plea Offensively.
(aa) [§412] Nature of Problem.
(bb) [§413] Theory That Doctrine Not Available.
(cc) Offensive Use Denied.
(i) [§414] Interests of Justice.
(ii) [§415] Inconsistent Prior Decisions.
(iii) [§416] Action Against Federal Government.
(dd) Offensive Use Upheld.
(i) [§417] California Cases.
(ii) [§418] Parklane Case.