Is a claim made by plaintiffs in a personal injury action for damages arising out of a wrongful dismissal judgment without merit?
California, United States of America
The following excerpt is from Blum v. City and County of San Francisco, 19 Cal.Rptr. 574, 200 Cal.App.2d 639 (Cal. App. 1962):
(b) The second contention made by plaintiffs likewise is without merit. That contention is based on a statement from Wilson v. Wilson (1958) 159 Cal.App.2d 330, 334, 323 P.2d 1017, 1020: 'The law seems well settled that acceptance of the fruits of a judgment and retention of the right to appeal therefrom, are not concurrent, but are wholly inconsistent. An election of either is a waiver and renunciation of the other.'
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