California Court of Appeal

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Boblitt v. Boblitt, C061307

In plaintiff's action for damages against her ex-husband based on his alleged domestic violence against her, trial court's conclusion that the ex-husband was entitled to judgment on the pleadings because a judgment in the parties' marital dissolution proceeding precluded plaintiff from further litigating the domestic violence issues under the doctrine of res judicata and collateral estoppel is reversed and remanded where the trial court erred in granting the motion because a request for spousal support in a marital dissolution proceeding is not based on the same primary right as a tort action based on domestic violence, and therefore a party is not necessarily precluded from seeking damages for alleged acts of domestic violence and also asking a family law court to consider those same acts of domestic violence in awarding spousal support.

Appellate Information

  • Decided 11/30/2010
  • Published 11/30/2010

Judges

  • ROBIE

Court

  • California Court of Appeal

Counsel

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