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California Court of Appeal Holds Divorce Judgment Does Not Preclude Domestic Violence Tort Action  

Author:  Erin C.  Smith, Esq..

Source: Volume 16, Number 04, April/May 2011 , pp.49-50(2)

Domestic Violence Report

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In a case of first impression in California, the Court of Appeal recently held that a judgment of dissolution in a marital dissolution where domestic violence (DV) was at issue does not preclude a later tort action for domestic violence. The case, Boblitt v. Boblitt , 190 Cal. App. 4th 603 (Cal. Ct. App. 2010), offers practical lessons for lawyers who handle divorce/dissolutions, tort actions, or other legal proceedings where DV is at issue.

Keywords: Collateral Estoppel: Issue Preclusion

Affiliations:  1: Hoge, Fenton, Jones & Appel.

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