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Is there any law that can struck the civil code "doctrine of res judicata"?

Marina Del Rey, CA |

I am the plaintiff in a small claim court case. I lost the trial and filed the appeal due to the defendant filed a cross -complaint. The defendant is a lawyer. I lost the appeal due to the Judge's prejudice and discrimination against minority race people. I also had communication problem with the defendant and the Judge due to my poor English. The Judgment is injustice and has a clear error. Is there any law to struck "doctrine of res judicata" due to above reasons. So I can file a civil lawsuit with my lawyer against the defendant.

Attorney Answers 2


  1. You have already asked this question and received a couple of good reponses.

    This attorney is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.


  2. Actual discriminatory bias by the judge is easy to allege but very difficult to prove. It is the job of the judge to believe one side and disbelieve the other side, and the losing side often feels that he or she was "discriminated" against, but that is not the case.
    If you have actual evidence of prejudice and discrimination - something more than a "belief" - you can filed a complaint against the judge with the California Council on Judicial Performance.
    As for res judicata, please seem my response to your prior question.

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