Is there any reason why plaintiff chose to pursue a claim against the first named defendant rather than the second named defendant?

California, United States of America


The following excerpt is from Tannatt v. Joblin, 130 Cal.App.3d 1063, 182 Cal.Rptr. 112 (Cal. App. 1982):

The sole reason that plaintiff gives for her delay was her decision to pursue her claim against the first named defendant and only after she had perfected her claim against Oringer and was unable to recover from him because he was judgment proof did she turn to the defendants herein. Proceeding against one party defendant to judgment in an action against multiple defendants does not constitute due diligence or an excuse for failing to serve and proceed against other defendants. (Anderson v. Nawa (1914) 25 Cal.App. 151, 143 P. 555.)

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