What is the test for whether a plaintiff can continue to sue for damages in a separate action?
MultiRegion, United States of America
The following excerpt is from MENDEZ v. KEELING, CASE NO. 09cv2261 BEN (WMC) (S.D. Cal. 2011):
would be destroyed or impaired by the prosecution of the second action; (2) whether substantially the same evidence is presented in the two actions; (3) whether the two actions involve infringement of the same right; and (4) whether the two actions arise out of the same transactional nucleus of facts." Littlejohn v. United States, 321 F.3d 915, 920 (9th Cir. 2003).
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