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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/relwdmts0042 and id is 1 raw text is: JUDGMENTS CHAPTER 3. FORMER ADJUDICATION TOPIC 2. PERSONAL JUDGMENTS TITLE E. EFFECT ON OTHER CAUSES OF ACTION-COLLATERAL ESTOPPEL § 68. Questions of Fact C.A.9, Bkrtcy.App.2020. Com. (n) cit. in sup. Creditor who was assigned a state-court judgment for claims of conversion and money had and received against employee filed an adversary action against employee after he filed for Chapter 7 bankruptcy, alleging that the judgment debt was nondischargeable under federal bankruptcy law, because the tortious conduct underlying the judgment was willful and malicious. The bankruptcy court granted creditor's motion for summary judgment. This court affirmed, holding, inter alia, that the bankruptcy court did not err in applying the doctrine of issue preclusion to preclude employee from relitigating the issue of whether he acted willfully and maliciously, because the state court found a unitary set of facts that supported both claims, which were premised on intentional malice and fraud. The court rejected employee's assertion that, under Restatement Second of Judgments § 27, Comment i, it was inappropriate to apply the doctrine of issue preclusion because the state-court judgment determined two issues, either of which standing independently would be sufficient to support the result; the court explained that it was not clear California followed § 27, Comment i, and, before the Restatement Second was released, California had followed Restatement of Judgments § 68, Comment n, under which issue preclusion could bar relitigation of an issue when a judgment was based on alternative grounds. In re Delannoy, 615 B.R. 572, 586. TOPIC 3. JUDGMENTS IN REM § 74. Proceedings with Respect to Status S.C.2020. Quot. in case cit. in sup. In probate proceedings, decedent's children objected when decedent's purported wife sought to set aside decedent's will and obtain an elective share of his estate, alleging that wife's marriage to decedent was void ab initio because she did not obtain an annulment of her prior marriage until after her marriage ceremony with decedent. The trial court granted partial summary judgment for wife, finding that she was decedent's surviving spouse as a matter of law, and the court of appeals affirmed. This court reversed and remanded, holding, among other things, that children were not collaterally estopped by the factual findings in the annulment order from litigating whether wife's prior husband had the capacity to marry wife. The court cited Restatement of the Law of Judgments § 74 in support of the proposition that the judgment in an in rem proceeding affecting a marital status was not conclusive as to a fact upon which the judgment was based except as between persons who actually litigated the existence of the fact. In re Estate of Brown, 846 S.E.2d 342, 348. COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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