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New Cases of Interest - August 19, 2015
DKN Holdings, LLC v. Faerber (2015) 61 Cal.4th 813. To "clarify" with what the Supreme Court describes as a "bedrock principle of contract law," the court held that individuals who are jointly and severally liable on a single obligation may be sued in separate actions. The court found that the joint and several liability doctrine does not implicate the primary rights doctrine, and while a breach of contract may constitute a single wrong, the plaintiff has separate breach of contract claims against each of the defendants alleged to be jointly and severally liable. Issue preclusion could perhaps be invoked on the issue of the amount of damages, but it did not prohibit the separate legal actions.