This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
Transfer and consolidation of noncomplex common-issue actions filed in different courts. This rule applies when a motion under Code of Civil Procedure section 403 is filed requesting transfer and consolidation of noncomplex cases involving a common issue of fact or law filed in different courts.
Definition. A "complex case" is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel.
Motions to dismiss are filed for a range of reasons, which may include: Statute of limitations expiration: The case does not fall within California's time limit for filing. Lack of subject matter jurisdiction: The court does not have the authority to hear this type of case.
Definition. A "complex case" is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel.
Complex case designation. A plaintiff may designate an action as a complex case by filing and serving with the initial complaint the Civil Case Cover Sheet (form CM-010) marked to indicate that the action is a complex case.
A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion.
The two-dismissal rule comes from FRCP 41(a)(1)(B). FRCP 41(a)(1)(A) provides that a plaintiff may dismiss his “action” either unilaterally, if no answer or response has been filed, or by stipulation otherwise. FRCP 41(a)(1)(B) provides that the voluntary dismissal is without prejudice (unless otherwise provided).
Motions to dismiss are filed for a range of reasons, which may include: Statute of limitations expiration: The case does not fall within California's time limit for filing. Lack of subject matter jurisdiction: The court does not have the authority to hear this type of case.