§ 1047.Successive Actions Upon Same Contract Or Transaction
Title 14. Of Miscellaneous Provisions · Chapter 7. General Provisions · Enacted 1872 · no amendments on record · Last verified July 28, 2026
Full Text of § 1047
Plain-English Summary
Filing one lawsuit on a contract does not use up every future right that contract might create. Section 1047 confirms that successive actions can be maintained on the same contract or transaction, so long as each later action rests on a new cause of action that arose after the earlier one.
This matters most for ongoing or installment relationships, where a single agreement can generate separate breaches over time: a missed payment this year does not necessarily fold into a lawsuit already filed over a missed payment last year. Each new breach can support its own claim.
The key word is new. This section does not let a party split a single, already-existing claim into multiple lawsuits; it addresses claims that did not yet exist, because the triggering breach had not yet occurred, when the earlier action was filed.
Frequently Asked Questions
Can I sue on the same contract more than once in California?
Yes, under § 1047, as long as each later lawsuit is based on a new cause of action that arose after the earlier action was brought.
Does this section let a party split one existing claim into separate lawsuits?
No. It applies to a new cause of action that truly arose after the earlier suit, not to dividing up a claim that already existed.
What kind of contracts does this rule commonly apply to?
Agreements with ongoing or repeated performance, such as installment payments, where separate breaches can occur at different times.
Amendment History
Enacted 1872.