Parties Jointly And Severally Liable On An Obligation May Be Sued In Separate Actions.

The California Supreme Court clarified that California law permits separate actions against parties who are jointly and severally liable, stating: “Although long-standing case law has found separate actions permissible, the Court of Appeal here held that a second suit is barred after entry of judgment against one of the contracting parties. The Court reasoned that a breach of contract invades a single primary right, and the plaintiff could not split its breach of contract cause of action into multiple claims. This reasoning was erroneous because joint and several liability does not implicate the ‘primary rights’ doctrine.” (DKN Holdings LLC v. Faerber (Cal. Sup. Ct.; July 13, 2015) 61 Cal.4th 813 [189 Cal.Rptr.3d 809, 352 P.3d 378].)