Res judicata: the doctrine of collateral estoppel, or
issue preclusion, is firmly embedded in both federal and California common
law. It is grounded on the premise that
“once an issue has been resolved in a prior proceeding, there is no further
fact-finding function to be performed.”
(Parklane Hosiery Co. v.
Shore (1979) 439 U.S. 322, 336, fn. 23.) “Collateral estoppel . . . has the
dual purpose of protecting litigants from the burden of relitigating an
identical issue with the same party or his privy and of promoting judicial
economy, by preventing needless litigation.”
(Id. at p. 326, fn.
omitted.); collateral estoppel is a distinct aspect of res judicata. “ ‘The doctrine of res judicata gives
conclusive effect to a former judgment in subsequent litigation between the
same parties involving the same cause of action. A prior judgment for the plaintiff results in
a merger and supersedes the new action by a right of action on the
judgment. A prior judgment for the
defendant on the same cause of action is a complete bar to the new action. (4 Witkin, Cal. Procedure (2d ed. 1971)
Judgment, §§ 147-148, pp. 3292-3293.)
Collateral estoppel . . . involves a second action between the
same parties on a different cause of action.
The first action is not a complete merger or bar, but operates as an
estoppel or conclusive adjudication as to such issues in the second action
which were actually litigated and
determined in the first action. (Id.,
§ 197, at p. 3335.)’ (Preciado
v. County of Ventura (1982) 143 Cal.App.3d 783, 786-787,
fn. 2.)” (Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1178 (Rymer)); it is settled that the doctrine
of collateral estoppel or issue preclusion is applicable to final decisions of
administrative agencies acting in a judicial or quasi-judicial capacity. (See Astoria
Federal S. & L. Assn. v. Solimino (1991) 501 U.S. 104, 107
[extending the doctrine to the final adjudications of both state and federal
agencies]; United States v. Utah Constr. Co. (1966) 384 U.S.
394, 421-422 (Utah Constr. Co.); People
v. Sims (1982) 32 Cal.3d
468, 479 (Sims); French v. Rishell (1953) 40 Cal.2d 477, 480‑481; Knickerbocker v. City of Stockton (1988)
199 Cal.App.3d 235, 242.) As we
explained in McDonald v. Antelope Valley
Community College Dist. (2008) 45 Cal.4th 88, judicial exhaustion “may
arise when a party initiates and takes to decision an administrative
process—whether or not the party was required, as a matter of administrative exhaustion, to even begin
the administrative process in the first place.
Once a decision has been issued, provided that decision is of a
sufficiently judicial character to support collateral estoppel, respect for the
administrative decisionmaking process requires that the prospective plaintiff
continue that process to completion, including exhausting any available
judicial avenues for reversal of adverse findings. (Johnson
v. City of Loma Linda (2000) 24 Cal.4th 61, 69-72.) Failure to do so will result in any
quasi-judicial administrative findings achieving binding, preclusive effect and
may bar further relief on the same claims.
(Id. at p. 76.)” (McDonald,
supra, at p. 113.)
This court has further explained that “indicia of
administrative proceedings undertaken in a judicial capacity include a hearing
before an impartial decision maker; testimony given under oath or affirmation;
a party’s ability to subpoena, call, examine, and cross-examine witnesses, to
introduce documentary evidence, and to make oral and written argument; the
taking of a record of the proceeding; and a written statement of reasons for
the decision.” (Pacific Lumber Co. v. State Water Resources Control Bd. (2006) 37
Cal.4th 921, 944 (Pacific Lumber)); in
short, this case involves a variation of the usual factual pattern that
implicates the doctrine of collateral estoppel and its corollary principle of
judicial exhaustion. The AIR 21
statutory scheme afforded Murray an absolute right to a full de novo trial-like
hearing before an ALJ, a hearing we find would fully comport with the
requirements set forth in Pacific Lumber
for establishing that the administrative proceedings were “undertaken in a
judicial capacity.” (Pacific Lumber, supra, 37 Cal.4th at
p. 944); the high court has explained that the focus of our inquiry should
be on whether the party against whom issue preclusion is being sought had “an
adequate opportunity to litigate” the factual finding or issue in the prior
administrative proceeding. (Utah Constr. Co., supra, 384 U.S. at
p. 422.) We followed Utah Constr. Co. in Sims, supra, 32 Cal.3d 468, 479, commenting that “this standard
formulated by the Supreme Court is sound . . . .” Appellate courts of this state have followed
suit, likewise recognizing that “it is the opportunity
to litigate that is important in these cases, not whether the litigant
availed himself or herself of the opportunity.
(Teitelbaum Furs, Inc. v. Dominion (1962) 58 Cal.2d 601,
607 . . . .)” (Rymer, supra, 211 Cal.App.3d at p. 1179, [no showing complainant was
denied opportunity to present relevant evidence in administrative proceeding];
see also Castillo v. City of Los Angeles
(2001) 92 Cal.App.4th 477, 482 [same]); the hearing officer concluded the
agency had jurisdiction to hear the case, and that the County, through its
inaction, had failed to meet its burden of proving welfare fraud. The director of the DSS adopted the hearing
officer’s result. The County neither
requested a rehearing nor sought judicial review of the agency’s decision. (Ibid.)
Thereafter, in the criminal proceeding, the superior
court applied the doctrine of collateral estoppel to dismiss the criminal
charges against the respondent. We
affirmed on appeal, concluding that the agency’s determination of an issue
(welfare fraud) common to both the administrative and criminal proceedings
could properly be accorded collateral estoppel effect in the later criminal
prosecution because the traditional requirements and policy reasons for
applying collateral estoppel had been satisfied. The administrative hearing was a
quasi-judicial adversarial proceeding, since the administrative agency resolved
disputed issues of fact properly before it, and since the hearing process
provided both parties with an adequate opportunity to fully litigate the issues
underlying their claims. Although the
hearing was not conducted according to the rules of evidence applicable to
judicial proceedings, we found this distinction did not preclude a finding that
the administrative agency was acting in a quasi-judicial capacity. The welfare fraud issue litigated in the
administrative proceeding was identical to that involved in the criminal
prosecution. (Sims, supra, 32 Cal.3d at pp. 484-489.) We further found that the public policy
considerations underlying the doctrine were satisfied, in that according the
administrative agency’s final decision collateral estoppel effect promoted
judicial economy, avoided the possibility of inconsistent judgments, and
protected the accused from harassment through repetitive litigation. (Ibid.);
a determination may be based on a failure of . . . proof
. . . . (Rest.2d, Judgments (1982) § 27, com. d, p. 255); it
is the opportunity to litigate that is important in these cases, not whether
the litigant availed himself or herself of the opportunity.) (Rymer,
supra, 211 Cal.App.3d at p. 1179); (Vandenberg v. Superior Court (1999) 21 Cal.4th 815, 829; see also
Rest.2d Judgments, § 28(1), p. 273 [issue preclusion will not apply
if the party to be precluded could not, as a matter of law, obtain review]); this
court’s decision in Johnson v. City of
Loma Linda (2000) 24 Cal.4th 61 (Johnson)
explains that unless a party to “a quasi-judicial administrative agency
proceeding” exhausts available judicial remedies to challenge the adverse
findings made in that proceeding, those findings may be binding in later civil
actions. (Id. at p. 65.); the Ninth Circuit’s cases are also in
accord. (See, e.g., Eilrich v. Remas (9th Cir. 1988) 839 F.2d 630, 632, quoting Plaine v. McCabe (9th Cir. 1986) 797
F.2d 713, 719, fn. 12 [“ If an adequate opportunity for review is
available, a losing party cannot obstruct the preclusive use of the state
administrative decision simply by forgoing the right to appeal.”]); but we went
on to explain that Johnson was
distinguishable from the matter there before us, because “here . . .
we have specific statutory language suggesting that adverse findings by the
State Personnel Board are not binding
in a subsequent Government Code section 8547.8, subdivision (c) damages
action . . . .” (State Bd. of Chiropractic Examiners v.
Superior Court, at p. 976.) We
explained further that “the Legislature expressly authorized a damages action
in superior court for whistleblower retaliation, and in doing so it expressly
acknowledged the existence of the parallel administrative remedy. It did not require that the board’s findings
be set aside by way of a mandate action; rather, it gave as the only
precondition to the damages action authorized in Government Code section
8547.8, subdivision (c), that a complaint be filed with the board and that the
board ‘issue, or fail to issue, findings.’
(Ibid.) The bareness of this statutory language
suggests that the Legislature did not intend the State Personnel Board’s
findings to have a preclusive effect against the complaining employee.” (State
Bd. of Chiropractic Examiners v. Superior Court, at p. 976.)
Here, in contrast to State Bd. of Chiropractic Examiners v. Superior Court, there is no
language in the AIR 21 statute suggesting Congress intended that
conclusive findings made by the Secretary in a final nonappealable order should
not have preclusive effect in a subsequent state court action; considerations
of comity and federalism further support application of the doctrine of
collateral estoppel in this case. The
AIR 21 whistleblower statute offers complainants strong incentives to
invoke the administrative remedies as an alternative to a court action. If the Secretary finds a statutory violation,
she must provide relief that includes immediate reinstatement with back pay and
other compensatory damages (§ 42121(b)(3)(B)). By choosing to proceed under the
AIR 21’s federal administrative whistleblower protection scheme, Murray
availed himself of these distinct advantages.
To allow him to relitigate the factual issue of causation decided
against him in the Secretary’s final nonappealable order in this subsequent
court action between the same parties would reduce the AIR 21 statutory
scheme to a mere “rehearsal for litigation” (Johnson, supra, 24 Cal.4th at p. 72) should the complainant
not prevail (Cal. S. Ct., 23.08.10, Murray v. Alaska Airlines, S162570).
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