What is the primary right of a plaintiff to sue for damages in a second action?
MultiRegion, United States of America
The following excerpt is from Robinson v. Bingamon, CASE NO. 1:12-cv-00099-SKO PC (E.D. Cal. 2012):
758, 762 (9th Cir. 2003)) (quotation marks omitted). If two actions involve the same injury to the plaintiff and the same wrong by the defendant, then the same primary right is at stake even if in the second suit the plaintiff pleads different theories of recovery, seeks different forms of relief and/or adds new facts supporting recovery. Id. (citing Eichman v. Fotomat Corp., 147 Cal.App.3d 1170, 1174, 197 Cal.Rptr. 612 (1983)) (quotation marks omitted).
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