In Smith v. ExxonMobil Oil Corp. (2007) 153 Cal.App.4th 1407, the plaintiffs sought to use collateral estoppel offensively to preclude a defendant from raising defenses to liability in a new lawsuit. Its defense was supported by testimony of a defense expert who was unable to testify in the prior trial due to the sudden death of his daughter while trial was in progress. In those "unusual and compelling circumstances," in which the prior trial did not provide a full and fair opportunity to present a defense, the appellate court concluded it would be unfair to apply collateral estoppel. (Id. at p. 1420.) Smith relied on an equitable component to collateral estoppel in which a prior trial does not provide "a full and fair opportunity to present a defense." (Smith v. ExxonMobil Corp., supra, 153 Cal.App.4th at p. 1420.) "Even where the technical requirements of collateral estoppel are all met, the doctrine is to be applied 'only where such application comports with fairness and sound public policy.'" (Id. at p. 1414.)