What is the determinative factor in determining whether a plaintiff has a primary right?

Under the primary right theory, the determinative factor is the harm or injury suffered. (Villacres v. ABM Industries Inc., supra, 189 Cal.App.4th at p. 577.) " 'As far as its content is concerned, the primary right is simply the plaintiff's right to be free from the particular injury suffered. . . . It must therefore be distinguished from the legal theory on which liability for that injury is premised: "Even where there are multiple legal theories upon which recovery might be predicated, one injury gives rise to only one claim for relief." . . . The primary right must also be distinguished from the remedy sought: "The violation of one primary right constitutes a single cause of action, though it may entitle the injured party to many forms of relief . . . ." ' " (Ibid.)