Re: Possible consolidation of cases......
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Message: Possible consolidation of cases......
For reference:
Rule 3.300. Related cases (a) Definition of "related case" A pending civil case is related to another pending civil case, or to a civil case that was dismissed with or without prejudice, or to a civil case that was disposed of by judgment, if the cases: (1) Involve the same parties and are based on the same or similar claims; (2) Arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; (3) Involve claims against, title to, possession of, or damages to the same property; or
(4) Are likely for other reasons to require substantial duplication of judicial resources if heard by different judges. (Subd (a) adopted effective January 1, 2007.) (b) Duty to provide notice Whenever a party in a civil action knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must serve and file a Notice of Related Case. (Subd (b) amended and relettered effective January 1, 2007; adopted as part of subd (a) effective January 1, 1996; previously amended effective January 1, 2007.) (c) Contents of the notice
The Notice of Related Case must: (1) List all civil cases that are related by court, case name, case number, and filing date; (2) Identify the case that has the earliest filing date and the court and department in which that case is pending; and (3) Describe the manner in which the cases are related. (Subd (c) adopted effective January 1, 2007.) (d) Service and filing of notice The Notice of Related Case must be filed in all pending cases listed in the notice and must be served on all parties in those cases. (Subd (d) amended effective January 1, 2007.)
(e) Time for service The Notice of Related Case must be served and filed as soon as possible, but no later than 15 days after the facts concerning the existence of related cases become known. (Subd (e) amended effective January 1, 2007.) (f) Continuing duty to provide notice The duty under (b)–(e) is a continuing duty that applies when a party files a case with knowledge of a related action or proceeding, and that applies thereafter whenever a party learns of a related action or proceeding.
(Subd (f) amended and relettered effective January 1, 2007; adopted as part of subd (a; previously adopted as subd (b) effective January 1, 2007.) (g) Response Within 5 days after service on a party of a Notice of Related Case, the party may serve and file a response supporting or opposing the notice. The response must state why one or more of the cases listed in the notice are not related or why other good cause exists for the court not to transfer the cases to or from a particular court or department. The response must be filed in all pending cases listed in the notice and must be served on all parties in those cases. (Subd (g) amended and relettered effective January 1, 2007; adopted as subd (c); previously amended and relettered as subd (d) effective January 1, 2007.)
(h) Judicial action (1) Related cases pending in one superior court
If all the related cases have been filed in one superior court, the court, on notice to all parties, may order that the cases, including probate and family law cases, be related and may assign them to a single judge or department. In a superior court where there is a master calendar, the presiding judge may order the cases related. In a court in which cases are assigned to a single judge or department, cases may be ordered related as follows: (A) Where all the cases listed in the notice are unlimited civil cases, or where all the cases listed in the notice are limited civil cases, the judge who has the earliest filed case must determine whether the cases must be ordered related and assigned to his or her department; (B) Where the cases listed in the notice include both unlimited and limited civil cases, the judge who has the earliest filed unlimited civil case must determine whether the cases should be ordered related and assigned to his or her department;
(C) Where the cases listed in the notice contain a probate or family law case, the presiding judge or a judge designated by the presiding judge must determine whether the cases should be ordered related and, if so, to which judge or department they should be assigned; (D) In the event that any of the cases listed in the notice are not ordered related under (A), (B), or (C), any party in any of the cases listed in the notice may file a motion to have the cases related. The motion must be filed with the presiding judge or the judge designated by the presiding judge; and (E) If the procedures for relating pending cases under this rule do not apply, the procedures under Code of Civil Procedure section 1048 and rule 3.350 must be followed to consolidate cases pending in the same superior court.
Rule 3.350. Consolidation of cases (a) Requirements of motion (1) A notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and (C) Be filed in each case sought to be consolidated. http://www.courtinfo.ca.gov/rules/documents/pdfFiles/title_3.pdf
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