Rosse

Introduction

DeSoto Cab Company appeals from a judgment of the San Francisco Superior Court in favor of respondent William Rosse following the grant of summary judgment in his favor on the parties’ respective cross-complaints for equitable and comparative indemnity. The trial court concluded the issues raised by the cross-complaints had been fully litigated and adjudicated in favor of respondent in a trial de novo of a small claims action involving the same parties and, therefore, that appellant was collaterally estopped from relitigating them. Appellant contends the record fails to satisfactorily establish that the identical issues were necessarily decided in the prior action. Appellant further argues the trial court abused its discretion in applying collateral estoppel to this case.

Because we determine the doctrine of collateral estoppel has no application to small claims judgments, we shall reverse the judgment.

Statement Of Facts!Statement Of The Case

The underlying action arose out of a December 7, 1991, auto accident at the intersection of Taylor and California Streets in San Francisco, California. Respondent collided with a DeSoto cab driven by its employee,…