Pitzen

I.

INTRODUCTION

This case requires us to consider whether a plaintiff in a small claims court action may relitigate, in a subsequent related action, an issue litigated and expressly decided against him in the small claims action. We conclude that such relitigation is precluded where the record is sufficiently clear as to the issue actually litigated and decided in the small claims court.

II.

FACTS AND PROCEDURAL BACKGROUND

In April 2002 real party in interest Rich Garcia was driving a car in which Brian O’Dea was a passenger. Garcia got into an accident with another car driven by petitioner Gregory Pitzen. Garcia and O’Dea each separately sued Pitzen in small claims court, both claiming that Pitzen caused the accident. The cases were consolidated. In February 2003 the small claims court issued a memorandum of decision stating that Garcia and O’Dea had failed to meet their burden of proving that Pitzen caused the accident. The small claims court entered judgment in favor of Pitzen in both Garcia’s and O’Dea’s actions.

In April 2003 O’Dea filed this action against Pitzen and Garcia, based on the same accident that was the subject of the small claims action. In August…