26 May In measures, the financial institution seeks settlement toward “same harm
“ ‘ “[T]he ‘reason for action' would depend abreast of new damage sustained, as opposed to the particular theory asserted by litigant. [Ticket.] Even where there are several legal theories upon which data recovery you will become predicated, you to definitely burns offers increase to simply that claim to have recovery. ‘Which a view on the accused is actually a club so you're able to a great subsequent step from the plaintiff according to the exact same damage to a comparable best, in the event he merchandise yet another judge floor to own relief.' [Citations.]” For this reason, according to the first rights concept, the latest determinative factor 's the spoil sustained. Whenever a few methods between the exact same parties seek settlement towards the exact same spoil, sometimes they include a comparable top best. [Violation.]' ” (Bullock, supra, 198 Cal.Software.last at the p. 557, estimating Boeken, supra, forty-eight Cal.fourth during the p. 798.)