Both in actions, the financial institution aims settlement for the “same harm
“ ‘ “[T]the guy ‘factor in action’ is based through to the fresh damage sustained, as opposed to the form of theory asserted because of the a client. [Solution.] Also in which discover multiple judge concepts upon which recuperation you will getting predicated, you to burns gives go up to simply you to definitely allege to have save. ‘Hence a judgment into the offender was a club to help you a good subsequent action of the plaintiff in accordance with the exact same problems for a similar proper, whether or not he presents another courtroom floor getting recovery.’ [Citations.]” Therefore, in number 1 rights idea, the latest determinative grounds is the damage suffered. When several strategies within exact same functions seek settlement to the exact same harm, they generally include the same number one proper. [Solution.]’ ” (Bullock, supra, 198 Cal.App.fourth on p. 557, quoting Boeken, supra, 48 Cal.4th within p. 798.)
Point eleven “imposes accountability into the some individuals when a subscription declaration consists of an enthusiastic ‘not true statement away from a content fact’ otherwise has ‘omitted to state a content truth necessary to be mentioned therein or wanted to result in the statements therein maybe not misleading?’ ” (Insurance rates Underwriters Clearing House, Inc. (more…)
