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Bankruptcy | Case Law | Election Remedies

ELECTION OF REMEDIES

Latman v. Burdette, 366 F.3d 774 (9th Cir. 2004)

“The doctrine of election of remedies prevents a party from obtaining double redress for a

single wrong. . . .As a general rule, three elements must be present for a party to be bound to an

election of remedies: (1) two or more remedies must have existed at the time of the election; (2)

these remedies must be repugnant and inconsistent with each other, and (3) the party to be bound

must have affirmatively chosen, or elected, between the available remedies.

Passanisi v. Merit-Mcbride Realtors, Inc., 190 Cal.App.3d 1496, 1506-1507 (1987)

Cal. Civ. Pro. § 726

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