What is the effect of the court's failure to require plaintiffs to elect which cause of action they relied upon for relief?

California, United States of America


The following excerpt is from Buck v. Cardwell, 161 Cal.App.2d 830, 327 P.2d 223 (Cal. App. 1958):

The argument that the court erred in failing to require plaintiffs to elect which cause of action they relied upon for relief is without merit. In Tanforan v. Tanforan, 173 Cal. 270, 274, 159 P. 709, it was held that since inconsistent causes of action may be pleaded, it is not proper for the judge to force upon the plaintiff an election between those causes of action which he has a right to plead; that plaintiff is entitled to introduce his evidence upon each and all of these causes of action, and the election or the decision as to which of

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