Legal Question in Civil Litigation in California

Small Claims Question

Plaintiff filed an action in small claims court to recover for property damage. Defendant disputed liability, but court found in favor of plaintiff and entered an order accordingly. At the hearing, there is a discussion about including the plaintiff's bodily injury claim, as well as a cross-complaint by the defendant. The cross-complaint is filed and decided at the hearing, and defendant loses on the cross-complaint. Plaintiff does not have documents to support his medical bills, and court says it has to order against him on that. However, nothing is recorded, and the judgment does not refer in any way to any injury claim, but merely finds for plaintiff on his complaint (which only mentions property damage). Plaintiff then makes a formal claim for bodily injury.

Questions:

1. Does the small claims court judgment bar any later injury claim:

a. If the original judgment was just for property damage?

b. If the original judgment did include the injury claim?

2. Assuming the injury claim is not barred, is the property damage judgment against the defendant binding on the defendant in a later action for bodily injury, or may the liability issue be retried in the later action?

1 Answer from Attorneys

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