Last month, the California Court of Appeal, Fourth Appellate District issued a written opinion in an interesting family law case requiring the court to determine if a previous court order in a dissolution case finding that a couple was not legally married precluded litigation of whether the marriage existed in a subsequent nullity case. Ultimately, the court determined that since the two causes of action involve different primary rights, the previous court’s finding that no marriage existed did not prevent the wife from later seeking a nullity action.
Under the doctrine of res judicata, once a court decides an issue, that finding cannot be revisited in a subsequent case. There are two types of arguments that are precluded under the doctrine of res judicata, claim preclusion and issue preclusion. Claim preclusion prevents the same parties from relitigating a case once it has been decided. Issue preclusion prevents parties from relitigating the same issue in a subsequent case, as long as the parties are in privity.
The Facts of the Case
In 2014, the wife filed a dissolution action against the husband, claiming that the two were married in Mexico in 1989, citing irreconcilable differences. The husband claimed that the two were never married. After hearing the evidence, the court concluded that no valid marriage existed and dismissed the wife’s case.