Can a plaintiff obtain a declaratory judgment and injunctive relief in a second action for damages under the same federal statute?

California, United States of America


The following excerpt is from Mycogen Corp. v. Monsanto Co., 123 Cal.Rptr.2d 432, 28 Cal.4th 888, 51 P.3d 297 (Cal. 2002):

As the federal district court recently explained in Criste v. City of Steamboat Springs (D.Colo.2000) 122 F.Supp.2d 1183, 1187: "[T]he great weight of authority holds that where a party seeks declaratory as well as coercive relief, the declaratory judgment exception to res judicata does not apply." In Criste, the plaintiff was barred by res judicata from bringing a second action for damages under federal law, after obtaining both a declaratory judgment and injunctive relief in a prior state action against the same defendant. (Id. at p. 1190.) The court followed Colorado law, which, like California law, applies the rule that a declaratory judgment does not constitute an absolute bar to subsequent proceedings. (Id. at p. 1187, citing Atchison v. City of Englewood (1973) 180 Colo. 407, 414, 506 P.2d 140.)

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