Alameda California Motion to Consolidate - Personal Injury

State:
Multi-State
County:
Alameda
Control #:
US-PI-0084
Format:
Word; 
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Description

This form is a sample motion by the defendant in a personal injury action request that the court consolidate the trials of two separate actions arising out of the same set of facts.

Alameda California Motion to Consolidate — Personal Injury is a legal procedure that allows multiple personal injury lawsuits to be combined or consolidated into a single case. This motion is typically filed when several individuals have been injured in similar incidents or accidents and have filed separate lawsuits against a common defendant or multiple defendants. The purpose of filing a Motion to Consolidate in Alameda, California is to streamline the legal process, save time and resources, and avoid duplicating efforts. By consolidating cases, the court can efficiently handle the litigation, conduct joint discovery, avoid inconsistent rulings, and potentially reach a fair and equitable settlement for all parties involved. In Alameda, California, there are various types of Motion to Consolidate — Personal Injury that may be filed depending on the specific circumstances of the cases. Here are a few common scenarios: 1. Consolidation by Defendant: This motion is filed when multiple plaintiffs have filed separate personal injury lawsuits against a single defendant, claiming similar or related injuries. By consolidating these cases, the defendant can avoid facing separate trials and repetitive legal procedures. 2. Consolidation by Plaintiffs: In this situation, multiple plaintiffs who have suffered similar injuries but filed separate lawsuits against different defendants file a Motion to Consolidate. Consolidating the cases allows for a more efficient prosecution of their claims and can facilitate a unified approach in establishing liability and negotiating settlements. 3. Consolidation for Coordinated Pretrial Proceedings: Personal injury cases involving multiple plaintiffs with similar claims, but different defendants may be consolidated for pretrial proceedings such as discovery, motion hearings, and evidence gathering. This type of consolidation streamlines the process and prevents duplicative efforts. 4. Consolidation for Trial: When multiple personal injury cases with similar facts are consolidated for trial, it is often referred to as a "consolidated trial" or a "mass tort trial." Consolidating the cases ensures judicial efficiency, reduces costs, and avoids potential inconsistencies in verdicts. It is important to note that the specific types of Motion to Consolidate — Personal Injury may vary depending on the jurisdiction and the rules of the court. Therefore, it is advisable to consult with an experienced personal injury attorney in Alameda, California, who can provide tailored guidance based on the specific circumstances of your case.

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FAQ

A notice of motion to consolidate must: List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and.

: to join together into one whole: as. a : to combine (two or more lawsuits or matters that involve a common question of law or fact) into one compare class action NOTE: Consolidation of matters in the federal courts is governed by Rule 42 of the Federal Rules of Civil Procedure.

Cases Are in the Same Court Often courts will consider consolidating cases if it would reduce the chances of duplicative or inconsistent rulings in the same jurisdiction. Both state and federal rules typically recommend consolidating similar cases when they are before the same court.

An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum). There is no form for most ex parte applications. However, it must be typed on pleading paper. Department 53 schedules ex parte hearings in the mornings, starting at am.

The memorandum of points and authorities includes any legal authorities and arguments that support your ex parte application. The memorandum of points and authorities must not exceed 25 pages.

To get a Domestic Violence Restraining Order, you must fill out Domestic Violence Prevention forms. You can obtain them at the following locations: The Court Clerk's Office. Alameda County Law Library in Oakland and Hayward.

Case Management Statement (CM-110) Tells the court information about the progress of a case, so the court can determine when the case will be ready for trial or some other means of resolving the dispute. Filed and served at least 15 days before a case management conference. Get form CM-110. Revised: September 1, 2021.

Ex Parte Applications In every case, to present an ex parte application to the court, a party must: reserve a hearing date with the applicable department (for applications that require a hearing), file the motion with the court, and. give notice of the hearing date as required by law.

(d) Caption and case number All documents filed in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of all of the other consolidated cases. (Subd (d) amended effective January 1, 2007; adopted effective July 1, 1999.)

EX PARTE APPLICATIONS WHICH INVOLVE DOMESTIC VIOLENCE Notice must be given by t elephone or in writing to the self-represented party or to the op posing attorney so that it is received not later than four (4) hours before the time the ex parte matter will be presented to the judicial officer.

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ATTORNEY FOR (Nama): Plaintiff City of Oakland. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda.Wilson filed this action arising out of the same accident, naming Mr. Valenzuela and SF BART as defendants. Pursuant to the promulgation process detailed in rule 10. The Clerk of the Alameda County Superior. Court will maintain a Register of Actions and Case File under the caption "ESSURE PRODUCT. (a) Setting Hearing for Law and Motion . Judge Lee's denials of C.C.P. section 36(a) motions for preference, starting with Fox v. The City of Berkeley ("City") also filed a Petition for Writ of Mandate in the nowdismissed Alameda County Superior Court Case No. Attorney fees despite prevailing in the litigation.

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Alameda California Motion to Consolidate - Personal Injury