Ford Motor Co. v. Superior Court

Petitioner, Ford Motor Company (hereafter Ford), seeks a writ of mandate directed to respondent Superior Court of the State of California for the County of Los Angeles, compelling the court to annul its earlier order denying Ford’s motion for a summary judgment against Cartrade, Inc. (hereafter Cartrade), and to enter instead an order granting it.

The sole issue is whether a final judgment in Ford’s favor, and against Cartrade, in an earlier action in federal court is res judicata, and, therefore, Ford’s motion for summary judgment against Cartrade in the instant action should have been granted.

Facts

On March 17, 1966, in an action commenced by Cartrade against Ford and the Ford Dealers Advertising Association of Southern California (hereafter F.D.A.A.) in the United States District Court for the Southern District of California, Central Division, Cartrade alleged that an illegal conspiracy existed between the codefendants in violation of sections 1 and 2 of the Sherman Act. ( 15 U.S.C. §§ 1 , 2.) Both defendants obtained a directed verdict. The United States Court of Appeals for the Ninth Circuit affirmed the judgment, holding, among other things, that Cartrade failed…