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NBCC v. FOUNDING MEMBERS

No. G035099.

45 Cal.Rptr.3d 207 (2006)

140 Cal.App.4th 1120

The NEWPORT BEACH COUNTRY CLUB, INCORPORATED, Plaintiff and Respondent, v. FOUNDING MEMBERS OF the NEWPORT BEACH COUNTRY CLUB, Defendant and Appellant.

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

June 26, 2006.

Attorney(s) appearing for the Case

Morgan, Lewis & Bockius, Anthony Ciasulli, Los Angeles, Jeffrey N. Brown, Teresa A. Ascencio, Charles J. Malaret, Los Angeles, and Salvatore Picariello, Irvine, for Defendant and Appellant.

Dubia, Erickson, Tenerelli & Russo, Dubia, Erickson & Tenerelli, Christian F. Dubia, Jr., and Mark D. Erickson, Irvine, for Plaintiff and Respondent.

OPINION

FYBEL, J.

I.

INTRODUCTION

We hold that when a trial court judgment decides a case on two alternate grounds, and the appellate court affirms based on one ground, the judgment is binding under principles of res judicata and collateral estoppel only on the ground addressed by the appellate court. In so holding, we decline to follow People v. Skidmore (1865) 27 Cal. 287 (Skidmore...

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