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VICTA v. MERLE NORMAN COSMETICS, INC.

Docket No. B065856.

19 Cal.App.4th 454 (1993)

24 Cal. Rptr.2d 117

JESSIE LOUISE VICTA, Plaintiff and Appellant, v. MERLE NORMAN COSMETICS, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

October 13, 1993.

Attorney(s) appearing for the Case

COUNSEL

Cooper, Brown, Kardaras & Scharf, Michael R. Brown and George W. Williams, Jr., for Plaintiff and Appellant.

Donald R. Livingston, Gwendolyn Young Reams, Carolyn L. Wheeler and Paul R. Bogas as Amici Curiae on behalf of Plaintiff and Appellant.

O'Melveny & Myers, Scott H. Dunham, Kenneth E. Johnson and Steven M. Cooper for Defendant and Respondent.

Sonnenschein, Nath & Rosenthal, Lee T. Paterson, Brent M. Giddens and Anthony Capobianco as Amici Curiae on behalf of Defendant and Respondent.

OPINION

FUKUTO, J.

The question presented is whether an injunctive consent judgment, in a federal age discrimination in employment case brought by the United States Equal Employment Opportunity Commission (EEOC), operates as res judicata to bar the complaining employee's original action for damages under California law. We conclude that in this case the element of privity between the employee and the EEOC was lacking, and therefore...

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