(a)  As  whether  express  or  implied,  etc.  105  Cal.  429 ;  125
Cal.  234;  166  Cal.  160;  Sees.  520-532  post.
20.     When  the  theories  are  thus  consistent  they  are  said  to  be  cumulative: —

1.  One  may  be  pursued,  and  if  it  fails,  then  the  other  may  be  re-
sorted  to.
(a)    Subject  to  the  rules  of  res  judicata  by  judgment  entered.
6  Cal.  App.  455.
2.  All  such  theories  may  be  plead  in  same  action.
(a)    In  which  different  appropriate  reliefs  mav  be  obtained.
20  Enc.  PI.  and  Prac.  270;  7  Enc.  PI.  and  Prac.  362;  Sec.
131  post.
21.     When  the   theories   are   thus   inconsistent,   only   one   is   available,   and
party  must  elect  which  one  to  pursue.
By  "Election  of  Remedies"  under  the  Code  is  meant,  that  where  a
party  has  available  two  or  more  inconsistent  remedies  or  theories,  he
must  elect  which  one  he  will  pursue  and  having  chosen  one,  he  is
barred  from  pursuing  the  other.     123  Cal.  587.
1.  Two  or  more  definite  remedies  or  theories  must  be  available.
2.  Such  remedies  or  theories  must  be  inconsistent,  either

1.     In  rights  or  facts,  or  (164  Cal.  620)

10


2.  In  principles  of  law,  or

3.  In  relief  obtainable.
Bringing  action  upon  one  theory  is  an  election,  subject  to  certain
exceptions.    22  L.N.S.  1153;  8  L.N.S.  144.
Party  may  be  recjuired  to  elect  upon  motion  of  adverse  partv.
121  Cal.  115;  143  Cal.  88;  101  Cal.  Z7 ;  161   Cal.  42;  Pom.  Rem.
458-464,  48;  7  Enc.  Pi.  and  Prac.  361 ;  Sees.  517-519,  131  post.
