DKN Holdings LLC v. Faerber

Opinion

CORRIGAN, J.

We granted review to clarify a bedrock principle of contract law: Parties who are jointly and severally liable on an obligation may be sued in separate actions. 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 plaintiff could not split its breach of contract cause of action into multiple claims. This reasoning was erroneous because joint and several…