Supreme Court of California

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Samara v. Matar, 240918

Affirmed. In this suit involving claim preclusion, plaintiff sued two dentists for professional negligence. The first dentist was granted a summary judgment on the grounds that the suit was untimely and no causation as to that dentist. The court of appeal refused to review the no causation portion of the decision. The second dentist then moved for summary judgment alleging that the earlier no-causation determination precluded liability. The trial court agreed. The appellate court reversed and remanded. The California Supreme Court granted review and held that People v. Skidmore (1865) 27 Cal. 287 was overruled, stating that the preclusive effect of the judgment should be evaluated as though the trial court had not relied on the unreviewed ground.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/06/25

Judges

  • CANTIL-SAKAUYE

Court

  • Supreme Court of California

Counsel


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