Fields v. Retailers Credit Ass'n

1 Citing case

  1. Nguyen v. LVNV Funding, LLC

    CASE NO. 15cv758-LAB (RBB) (S.D. Cal. Feb. 5, 2018)

    73-2 at 59, 62.]See also In re Younie, 211 B.R. 367, 375 (B.A.P. 9th Cir. 1997), aff'd, 163 F.3d 609 (9th Cir. 1998) ("In California, a default judgment satisfies the 'actually litigated' requirement for the application of collateral estoppel."); Fields v. Retailers Credit, 465 F. App'x 710 (9th Cir. 2012) (debt dispute decided by default judgment precluded by collateral estoppel). Nguyen's primary counterargument is that there's an exception to the broad rule articulated in Murray: default judgments don't affect defenses pleaded in the complaint.