P1009 In a mandamus petition filed by a police officer based on the claim that her employer could not impose conditions on returning her to active status after she suffered a disability, the primary right at issue was her claimed right to be reactivated without accepting conditions, while in a second mandamus petition she filed when the employer refused to accept her offer to fulfill the conditions following resolution of the first proceeding in the employer's favor, the primary right at issue was the officer's right to belatedly accept the conditions; since the primary rights were not identical, principles of issue preclusion did not prevent her from litigating the second petition.

PITTS v CITY (Primary Right) 138 CA4 853 [See: Hamilton v Asbestos Corp 22 C4 1127, T/AT 6/00; Verdier v Verdier 203 CA2 724]