Pease

May a trial court in a civil proceeding give collateral estoppel effect to a criminal conviction involving the same issues if the conviction resulted from a guilty plea? Our Supreme Court instructs us that the answer to this question is an unequivocal “No,” because this would unfairly deprive a party of his right to an adversary proceeding in which to present his case. Because the trial court in this case erroneously arrived at a contrary answer to the question posed here, we must reverse.

Facts

This case began with the filing of a civil complaint against appellant Clarence Pease. The first amended complaint contains eight separate causes of action asserted by appellant’s grandchildren and the grandchildren’s parents. In brief, it is alleged that appellant molested his grandchildren while he was babysitting them at his home. Damages for emotional and physical pain and suffering are sought based on premises liability, negligence, and assault and battery. A punitive damages attachment alleges that appellant has been convicted of violating Penal Code section 288, which prescribes a term of imprisonment for the willful commission of lewd or lascivious acts upon a child…