SpAcEmAn SpLiFF wrote:What is this primary rights stuff? Someone please explain
CA uses the primary rights doctrine, whereas FRCP uses same transaction or occurrence. This is relevant in in res judicata.
Suppose you are in a car accident and you suffer (1) property damage to the car, and (2) personal injury to yourself.
Under FRCP, those arise from the same transaction or occurrence -- the car accident. Thus, you must bring both claims at the same time, or else the other will be barred by res judicata.
Under CA rules, these are different primary rights (property damage and personal injury). Thus, you may bring one, and then the other.