California Order of Consolidation - Personal Injury

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Multi-State
Control #:
US-PI-0085
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Word; 
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Description

This form is a sample order granting the defendant's motion to consolidate the trials of two separate actions arising out of the same set of facts.

How to fill out Order Of Consolidation - Personal Injury?

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FAQ

When separate actions are filed in the same jurisdiction based on the same incident, the cases are usually first deemed to be ?related.? Relatedness is an entirely separate concept from consolidation of actions. As a party becomes aware of a related case, the party should file and serve a Notice of Related Case.

Consolidation of cases is the administrative joining of separate cases into a single adjudication for all of the parties involved. Consolidation is generally limited to cases involving immediate family members.

Subparagraph (a)(1) [based on Model Rule 3.3(a)(1)] provides that a lawyer shall not knowingly ?make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.? A lawyer is on notice that the lawyer may not knowingly make ...

Two similar or identical cases heard in two courts can have very different outcomes. By hearing all cases in a single court, both the plaintiffs and the defendant(s) can expect more consistent results.

Under consolidation, the superior court assumes jurisdiction over all matters handled previously by superior and municipal courts; municipal court judges become superior court judges and the municipal courts are abolished.

In a consolidation for trial, ?the pleadings, verdicts, findings and judgments are kept separate; the actions are simply tried together for the sake of convenience and judicial economy.? (See Sanchez v. Superior Court, (1988) 203 Cal. App. 3d 1391, 1396).

(a) Consolidation: When cases involving a common question of law or fact are pending before the Court, it may order a joint hearing or trial of any or all the matters in issue, it may order all the cases consolidated, and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs, ...

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.

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California Order of Consolidation - Personal Injury