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§ 1911.Judgment; items adjudged

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 1911 limits what counts as adjudged in a prior judgment to what appears on the judgment's face to have been adjudged, or what was necessarily included in it or necessary to it.

Full Text of § 1911

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That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.

Plain-English Summary

This section keeps a prior judgment's preclusive reach from expanding beyond what it truly decided. Only two categories of matter are deemed adjudged: what appears on the face of the former judgment to have been adjudged, and what was necessarily included in the judgment or necessary to reaching it.

That second category matters most in practice, since it reaches issues the judgment does not spell out directly but that the court had to resolve to get to its result. Anything beyond those two categories, matters merely raised, argued, or touched on without being necessary to the outcome, falls outside what the judgment conclusively settles.

Frequently Asked Questions

What two things does Section 1911 treat as adjudged by a former judgment?

What appears on the judgment's face to have been adjudged, and what was necessarily included in it or necessary to it.

Does every issue argued in the earlier case count as adjudged?

No. An issue must have been necessarily included in, or necessary to, the judgment; issues merely raised without being essential to the result are not covered.

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: what is deemed adjudged prior judgment californianecessarily included issue preclusion test