A motion for consolidation of cases in California is the topic of this blog post.
This post will discuss the filing of a motion for consolidation of cases in situations involving consolidation of two or more cases pursuant to Code of Civil Procedure section 1048(a).
A motion for consolidation of cases in California is made on the grounds that consolidation of two or more cases is warranted in that all of the cases arise out of the same set of operative facts and contain common issues and further that consolidation of all of the cases will avoid unnecessary duplication of evidence and procedures in all of the actions; avoid the risk of inconsistent adjudications and avoid many of the same witnesses testifying on common issues in all actions as well as promote judicial economy and convenience.
A motion for consolidation of cases in California under Code of Civil Procedure section 1048(a) should only be used where all of the cases are pending in the same Court. The moving party must also comply with the provisions of California Rule of Court 3.350.
For cases that are pending in different Courts a motion for transfer and consolidation must be filed under Code of Civil Procedure section 403.
A motion for consolidation of cases in California can request either a complete consolidation or consolidation for purposes of trial only.
Requesting a complete consolidation of cases should only be made where the parties in all of the cases are identical and all of the causes of action could have been joined as the cases will be essentially merged into one case.
Requesting a consolidation of multiple cases for trial only is generally made on the grounds that it would avoid repetitive trials of the same basic issues and would avoid any unnecessary costs or delays to either the Court or the parties and eliminate any risk of inconsistent adjudications. Consolidation for trial simply means that the actions are tried together for the sake of convenience and judicial economy. All other matters such as pleadings, verdicts, etc., are still kept separate.
A California Court of Appeal has stated that a trial Court has very broad discretion in ruling on a motion to consolidate.
Sample page motion for consolidation of cases in California for sale.
Attorneys or parties in California who would like to view a portion of a sample 19 page motion for consolidation of cases in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service by mail and proposed order sold by the author can see below.
Sample Motion for Consolidation of Cases in California by Stan Burman on Scribd
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.