Ford Motor Co. v. Superior Court

Petitioners seek a writ of mandate to compel respondent to set aside its order of December 18, 1970 granting the motion of real party in interest Archie Grant (hereinafter designated as Grant) to strike the sixth affirmative defense in petitioner Ford’s second amended answer (collateral estoppel) and the fifth, sixth, seventh and eighth affirmative defenses (retraxit, res judicata, and collateral estoppel) in the amended answer of petitioner Murphy Lincoln-Mercury (hereinafter designated as Murphy).

For the reasons hereinafter set forth, we have determined that the relief sought by Ford should be granted and that the respondent also should be required to reinstate Murphy’s eighth affirmative defense of collateral estoppel. We further conclude that the respondent acted correctly in striking the alleged affirmative defenses of retraxit and res judicata asserted by Murphy.

On January 15, 1966, Grant collided with a guard rail and sustained personal injuries while driving his 1965 Mercury automobile on Route 86 in Imperial County. On July 15, 1966, the State of California, acting through the Department of Public Works, filed an action against Grant in the Superior Court of…