What is the test for establishing a cause of action under res judicata?

the scope of the action, related to the subject-matter and relevant to the issues, so that it could have been raised, the judgment is conclusive on it despite the fact that it was not in fact expressly pleaded or otherwise urged.' " (Warga v. Cooper (1996) 44 Cal.App.4th 371, 377-378, original italics.)

"For purposes of identifying a cause of action under the doctrine of res judicata, 'California has consistently applied the "primary rights" theory, under which the invasion of one primary right gives rise to a single cause of action.' But '. . . the "cause of action" is based upon the harm suffered, as opposed to the particular theory asserted by the litigant. Even where there are multiple legal theories upon which recovery might be predicated, one injury gives rise to only one claim for relief.' " (Branson v. Sun-Diamond Growers (1994) 24 Cal.App.4th 327, 340-341, citations and fn. omitted.) In the context of wrongful termination of employment, the primary right is the right to continued employment. Therefore, a discharged employee's claim of discrimination involves the same primary right, and hence the same cause of action, as a claim of wrongful

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termination of employment. (Balasubramanian v. San Diego Community College Dist . (2000) 80 Cal.App.4th 977, 992; Takahashi v. Board of Education (1988) 202 Cal. App. 3d 1464, 1474-1477, 249 Cal. Rptr. 578.)