In Faitz v. Ruegg (1981) 114 Cal. App. 3d 967, a mother filed and then settled a claim for $ 3,200 as guardian ad litem for the damages her daughter sustained when she fell off the defendant's horse. The child's parents were divorced. Following the settlement, the father filed a second action against the same defendant for medical expenses he paid for the child and claimed that he had not had any interest in the minor's prior settled and dismissed action. (Faitz, supra, 114 Cal. App. 3d at pp. 969-970.) The court found that the medical expenses had been pleaded and settled in the first action. Because there cannot be a double recovery for the same damages, the Court of Appeal affirmed the judgment of dismissal following an order sustaining the defendant's demurrer without leave to amend.