Overstreet v. County of Butte

California Supreme Court Apr 4, 1962 No. Sac. 7368Published

Before: Gibson

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Holding. The court held that a prior final judgment in a prohibition proceeding, which directed the dismissal of the plaintiffs' wrongful death action based on governmental immunity, is res judicata and precludes the plaintiffs from relitigating the immunity issue despite subsequent changes in the law.

Issues

Whether a final judgment in a prohibition proceeding directing the dismissal of an action is res judicata in subsequent proceedings involving the same parties and facts.
Whether plaintiffs may relitigate the issue of governmental immunity following a final appellate judgment despite intervening changes in the law.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We are satisfied that the judgment of the District Court of Appeal in the prohibition proceeding was a final determination of the immunity question with respect to the rights of plaintiffs and that they are precluded from raising it again.”

“It follows that res judicata is applicable where, as here, a judgment of the appellate court directed the superior court to dismiss the action and the judgment of the appellate court was entered in the minutes of the superior court.”

GIBSON, C. J.

Plaintiffs, the widow and children of Robert Overstreet, brought this action for damages for wrongful death against the County of Butte and its employee, Ernest W. Ely. A demurrer by the county was overruled, and it sought a writ of prohibition from the District Court of Appeal. The writ was issued upon the ground that the action was barred by the doctrine of governmental immunity, and it commanded the superior court to dismiss the action.

(County

[506]

of Butte

Superior Court,

178 Cal.App.2d 310, 311 [2 Cal.Rptr. 913].)

A petition for hearing was denied by this court, and the writ was served upon the real parties in interest on April 29, 1960, and was filed in the superior court on May 5, 1960. On November 7, 1960, after motion by the county and Ely, the superior court ordered that the action be dismissed and that the clerk enter the dismissal. Plaintiffs have appealed from this order.

We held in

Muskopf

Corning Hospital Dist.,

55 Cal.2d 211 [11 Cal.Rptr. 89, 359 P.2d 457], that the doctrine of governmental immunity could no longer be used to shield an entity of government from liability for torts for which its agents were liable. In

Corning Hospital Dist.

Superior Court, ante,

p. 488 [20 Cal.Rptr. 621, 370 P.2d 325], decided this day, we hold that the 1961 legislation (Stats. 1961, ch. 1404) relating to the subject of our decision in

Muskopf

Corning Hospital Dist.

Overstreet v. County of Butte

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GIBSON, C. J.

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