PETERSON v. NEWTON

No. 1 CA-CV 11-0797.

307 P.3d 1020 (2013)

Amy Wellman PETERSON, Plaintiff/Appellant, v. Brenda NEWTON, as personal representative of the Estate of Lou Ann Fenztlaff, Defendant/Appellee.

Court of Appeals of Arizona, Division 1, Department D.

August 27, 2013.


Attorney(s) appearing for the Case

Rooney Law Firm, PLLC By Anne M. Brady, Phoenix, Attorneys for Plaintiff/Appellant.

Law Offices of Denise L. Siegenthaler by Darwin Y. Barney, Phoenix, Attorneys for Defendant/Appellee.


OPINION

BROWN, Judge.

¶ 1 The question before us is whether entry of a judgment in the small claims division of the justice court ("small claims court") may have claim preclusive effect on a subsequent lawsuit. For the following reasons, we hold that a plaintiff who chooses to litigate a claim under the simplified procedures of small claims court may be barred by the doctrine of claim preclusion from bringing a second lawsuit based on the same claim...

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