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PITZEN v. SUPERIOR COURT

No. D043592.

16 Cal.Rptr.3d 628 (2004)

120 Cal.App.4th 1374

Gregory PITZEN, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Rich Garcia, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

July 28, 2004.

Attorney(s) appearing for the Case

of Richard K. Dwyer and Ellen Jean Dowd, Poway, for Petitioner.

No appearance for Respondent.

Pollak, Vida & Fisher, Matthew H. Fisher, Michael Meir Pollak, Los Angeles; Law Office of Lionel Souvenir, Alta Dena, and Todd Griffin Glanz, San Diego, for Real Party in Interest.

AARON, J.

I.

INTRODUCTION

This case requires us to consider whether a plaintiff in a small claims court action may relitigate, in a subsequent related action, an issue litigated and expressly decided against him in the small claims action. We conclude that such relitigation is precluded where the record is sufficiently clear as to the issue actually...

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