Does a divorce action for separate maintenance between the same parties involve the same subject matter within the meaning of the above stated rule?
California, United States of America
The following excerpt is from Mungia v. Superior Court for Los Angeles County, 225 Cal.App.2d 280, 37 Cal.Rptr. 285 (Cal. App. 1964):
There is no reason to doubt that an action for divorce and an action for separate maintenance between the same parties involve the same subject matter, within the meaning of the above stated rule. (Cf. Rilcoff v. Superior Court, 50 Cal.App.2d 503, 123 P.2d 540.) It would be absurd to permit these parties to carry on the two actions between them in different counties.
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