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