“ ‘ “[T]he ‘cause of action’ is based upon the newest damage suffered, instead of the version of concept asserted from the litigant. [Ticket.] Actually where you’ll find multiple courtroom concepts where recovery you’ll become predicated, you to definitely burns brings rise to simply one to allege getting rescue. ‘And that a judgment toward accused try a bar so you’re able to a next action because of the plaintiff in accordance with the same problems for a similar proper, in the event he gift suggestions yet another court surface for relief.’ [Citations.]” For this reason, in primary rights principle, the brand new determinative grounds ‘s the harm sustained. Whenever several strategies between the same people search payment with the same spoil, they generally encompass an identical top best. [Pass.]‘ ” (Bullock, supra, 198 Cal.Application.4th on p. 557, quoting Boeken, supra, forty-eight Cal.last within p. 798.)
Part 11 “imposes responsibility with the individuals individuals when a subscription statement include a keen ‘not the case report off a material fact’ otherwise enjoys ‘omitted to say a material truth expected to getting said therein otherwise must result in the statements therein maybe not misleading?’ ” (Insurance coverage Underwriters Clearing Domestic, Inc.
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