[WSBARP] very off-topic question of civil procedure

Rod Harmon rodharmon at msn.com
Wed Dec 6 18:24:20 PST 2023


Carl:
I think your instincts are correct.  The problem is demonstrating what the first case was about since there is usually not much of a record in small claims court.

Rod Harmon

RODNEY T. HARMON
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Carl Gay
Sent: Wednesday, December 6, 2023 5:29 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] very off-topic question of civil procedure

Dear Colleagues,

Can any of you litigators out there tell me if a contract dispute between the same parties goes to trial in small claims court and the $5,000 judgment in plaintiff’s favor is affirmed in district court, is the losing district court defendant precluded from later suing the plaintiff over the identical dispute in superior court?
Sure seems like res judicata/collateral estoppel to me, but Civil Procedure 101 was in the late 1970’s for me.

Best regards,
Carl Gay
Port Angeles

CARL LLOYD GAY

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