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Close v. Tan CA1/3

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Court of Appeal of CaliforniaOctober 6, 2021A160283California3,319 words

Opinion

Opinion

Filed 10/6/21 Close v. Tan CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publi- cation or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or or- dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

LISA MARIE CLOSE,

Plaintiff and Appellant,

A160283

v. STUART K. TAN, (Solano County Super. Ct. No. FCS052549) Defendant and Respondent.

Plaintiff Lisa Marie Close sued defendant Stuart K. Tan, a police officer, for assault, battery, and false arrest. Tan obtained judgment on the pleadings on the ground of collateral estoppel, also known as issue preclusion.1 On appeal, Close argues that issue preclusion does not bar her claims. We shall reverse the judgment in part.

As a note regarding terminology, “issue preclusion” and “collateral estoppel” have, for some time, been used interchangeably. (See, e.g., Hernandez v. City of Pomona (2009) 46 Cal.4th 501,…

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