Does the continuation rule apply in cases in which the second action arises out of or is a later stage of the original action?

California, United States of America


The following excerpt is from Rolla v. Speidel, D057839, Super. Ct. No. 37-2009-00093815-CU-PO-CTL (Cal. App. 2011):

In other words, the continuation rule applies in cases in which the second action arises out of, or is a later stage of, the original action involving the same parties." (Nutragenetics LLC v. Superior Court (2009) 179 Cal.App.4th 243, 257 (Nutragenetics).) It does not suffice that the two cases arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact because "that is the standard for determining whether cases are related, not for determining whether one case constitutes a continuation of another." (Id. at p. 258.)

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