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§ 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

In one sentenceSection 1047 allows a party to bring more than one action on the same contract or transaction whenever a new cause of action arises from it after an earlier action has already been brought.

Full Text of § 1047

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Successive actions may be maintained upon the same contract or transaction, whenever, after the former action, a new cause of action arises therefrom.

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.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: successive lawsuits same contract californiamultiple actions same transaction california civil procedure