Legal Question in Civil Litigation in California

I know that in a Motion To Consolidate two similar complaints (involving related defendants of the same legal action), the earliest case filed becomes the Lead Case, and the other 2nd case has its case number stated below the lead case number in all subsequent pleadings.,,, My question is, if the Lead Case was timely filed and 2nd complaint was Untimely filed, and its consolidated, can that 2nd complaint be saved from S.O.L. expiration if its consolidated to the timely filed Lead case?


Asked on 8/29/14, 9:43 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Are the two cases about the same dispute? If they aren't, then you can still attack the second complaint as untimely after the court consolidates the cases. That might also be true if they are both about the same dispute, but I would need to know more about the case before I could say.

When a case has been filed before the end of the limitations period, some types of allegations can still be added even after the original due date. If a party could have made those allegations in the original case but mistakenly opened a new case and made them there instead, then the cases should indeed be consolidated and the allegations should become part of the first case. In other words, if they would have been timely in the original case, the fact that they were made in a second case shouldn't make them untimely.

This area of the law is quite complex and nuanced. It sounds like you don't have a lawyer. You should get one ASAP, or at least consult with one.

Good luck.

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Answered on 8/30/14, 3:07 pm


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