15 May Both in actions, the lending company tries compensation towards the “exact same damage

“ ‘ “[T]the guy ‘cause for action' is based on the new damage sustained, as opposed to the particular principle asserted by a client. [Admission.] Even in which discover multiple courtroom theories upon which recovery might be predicated, one burns off provides increase to simply one to claim to own rescue. ‘And this a view into the accused try a pub to help you a great next step because of the plaintiff in accordance with the exact same injury to the same right, even in the event the guy merchandise a separate judge soil to no credit check installment loans Avant have rescue.' [Citations.]” Thus, according to the primary legal rights concept, the fresh new determinative foundation is the damage suffered. Whenever several methods between your same parties find settlement on the exact same harm, sometimes they involve a similar top proper. [Solution.]' ” (Bullock, supra, 198 Cal.Software.last within p. 557, quoting Boeken, supra, 48 Cal.4th from the p. 798.)

Point 11 “imposes accountability toward individuals people whenever an enrollment declaration includes a keen ‘untrue declaration from a content fact' otherwise keeps ‘omitted to express a content reality required to be stated therein otherwise needed seriously to make the comments therein not misleading?' ” (Insurance coverage Underwriters Cleaning Home, Inc.