Legal Question in Civil Litigation in California

You can sue under both, but you will need to elect your remedies.

You can't recover for both, but you can allege both in your complaint. At some point you will have to choose one or the other, but you don't have to make that decision just yet.

Which one to choose will depend upon the specifics of your case. There is no one-size-fits-all answer to that question.

I agree with both of the previous responses, but Mr. Hoffman explained it better.

Well I'm going to wade in to disagree. There are many situations in which both tort and contract liability arise out of the same course of events. One of the most common big ticket examples is roofing and water-proofing work by subcontractors on construction projects. The defective construction is a contract claim, while the water damage to other aspects of the structure are tort damages under a negligence theory. So there really is no way to tell what your options are, much less what your strategy should be, without reviewing the details of your claims and the supporting evidence. I provide one-shot initial strategic consultations for up to 1 hour at 1/2 my regular hourly rate. I also provide consulting services to pro per parties on an as-needed basis under Limited Scope Representation agreements. If you would like to discuss your situation further and possibly schedule an appointment, please give me a call.