The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides in the former case, and a judgment or other determination could in that case have been made between them alone, though other parties were joined with both or either.
§ 1910.Parties; when deemed to be the same
Title 2. Of the Kinds and Degrees of Evidence · Chapter 3. Writings · Article 2. Public Writings · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1910 defines when parties are deemed the same for purposes of the preceding sections: when the parties between whom evidence is offered stood on opposite sides in the earlier case, and a judgment could have been rendered between them alone even though other parties also took part.
Full Text of § 1910
Plain-English Summary
Sections 1908 and 1909 both depend on the parties in a later dispute being the same as the parties in an earlier one, and this section supplies the test. Parties are deemed the same when the people between whom evidence is now offered were on opposite sides of the earlier case, regardless of how many other people were also involved.
The key question is whether a judgment or other determination could have been made between just those two people in the earlier case, standing alone, even though other parties happened to be joined on one side or the other. If so, they count as the same parties for preclusion purposes now, even without an exact match in the earlier case's full lineup of litigants.
Frequently Asked Questions
What makes two parties "the same" under this section?
They were on opposite sides in the former case, and a judgment could have been rendered between them alone, even if other parties were also joined.
Does it matter that other people were also parties to the earlier case?
No, as long as a determination could have been made between the two parties now at issue standing alone.
Amendment History
(Enacted in 1872.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: same parties test res judicata californiaprivity opposite sides former action