21 May In procedures, the financial institution tries settlement to your “exact same spoil
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“ ‘ “[T]the guy ‘cause for action' is based upon the newest spoil sustained, instead of the variety of principle asserted by a customer. [Admission.] Also in which discover several judge ideas upon which recovery might become predicated, you to burns off gets rise to simply you to definitely claim to possess save. ‘And therefore a judgment for the defendant is a bar so you can good subsequent action of the plaintiff in line with the exact same damage to an equivalent best, although he gifts another judge crushed having rescue.' [Citations.]” Therefore, beneath the number one legal rights concept, the fresh new determinative factor is the damage sustained.