What is the test for determining whether a plaintiff can proceed with a subsequent action?
California, United States of America
The following excerpt is from Falk v. Children's Hosp. L.A., 188 Cal.Rptr.3d 686, 237 Cal.App.4th 1454 (Cal. App. 2015):
subsequent action, but they must be substantively similar, based on the same claims and subject matter and similar evidence. (Perkin, supra, 225 Cal.App.4th at p. 504, 170 Cal.Rptr.3d 335 ; see, e.g., Tosti v. City of Los Angeles (9th Cir.1985) 754 F.2d 1485, 1489.)
[237 Cal.App.4th 1467]
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