Can I file two seperate lawsuits against one Defendant at the same time or must I make a motion?

Question

I am in California and am a pro per. I have an ongoing lawsuit against Defendants. We are currently in discovery. I have recently found causes of actions to bring against Defense that occurred before the causes of the current lawsuit, but the statute of limitations has not run up yet.

Do I file a seperate lawsuit or do I motion to leave to amend first amended complaint? What is the legal authority for your answer?

Answer 1

Under the Rules of Court, a complaint can be amended if it is not yet served for the defendent to answer. Otherwise, you can include it as part of the reply in case the defendant already answered your complaint.

Answer 2

In California you can amend your complaint after discovery if the folowing is true.

The important limitation on the rule just mentioned is that the plaintiff
proposed to be substituted may not “state facts which give rise to a wholly distinct
and different legal obligation against the defendant.” (Klopstock v. Superior
Court, supra, 17 Cal.2d 13, 20.) For this purpose, “[i]n determining whether a
wholly different cause of action is introduced by the amendment technical
considerations or ancient formulae are not controlling; nothing more is meant than
that the defendant not be required to answer a wholly different legal liability or
obligation from that originally stated.” (Ibid.) Similar principles govern the
question whether an amendment relates back, for purposes of the statute of
limitations, to the date on which the original complaint was filed. “The relationback
doctrine requires that the amended complaint must (1) rest on the same
general set of facts, (2) involve the same injury, and (3) refer to the same
instrumentality, as the original one. [Citations.]” (Norgart v. Upjohn Co., supra,

Answer 3

i might say definite. besides the shown fact that, i might think of that the defendant's criminal professional might record a action to consolidate and/or have one in all them brushed off. you does no longer be waiting to get well two times for a similar loss. i'm no longer an criminal professional, so i in my view do no longer comprehend.