In Smith v. Golden Eagle Ins. Co. (1999) 69 Cal. App. 4th 1371, the plaintiffs proceeded to trial on a personal injury cause of action and lost. They subsequently filed a new action for breach of an agreement settling the personal injury action. The plaintiffs admitted that they could have joined the contract claim with the personal injury action. The appellate court held that, by pursuing the personal injury action to a final judgment, the plaintiffs had "elected that remedy over the breach of contract action." ( Smith v. Golden Eagle Ins. Co., supra, 69 Cal. App. 4th at p. 1375.) Having withdrawn the breach of contract claim, the plaintiffs could not revive it after losing the personal injury action. ( Id., at p. 1376.)