GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA – In General
Single Topic for Decision A410M
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1405.01000 – In General
PERB is presently not bound by the superior court’s order in County of Riverside v. Public Employment Relations Board (2013) Case No. RIC 1305661 enjoining PERB from appointing a factfinding panel in any bargaining dispute arising under the MMBA other than in MOU negotiations. PERB appealed the court’s decision, which has the effect of staying the effectiveness of the superior court’s decision until the case is finally determined by the appellate court. Because there is no final decision in the County of Riverside litigation yet while an appeal of the superior court’s decision is pending, neither res judicata nor collateral estoppel apply until and unless the judgment is final.