A motion for consolidation in an unlawful detainer case in California is the topic of this blog post.
A motion for consolidation in an unlawful detainer case in California is very useful if used in a case involving an eviction after foreclosure in California.
A motion for consolidation in an unlawful detainer case in California is filed pursuant to the provisions of Code of Civil Procedure section 1048(a) and 1177 by a defendant in an unlawful detainer proceeding who is requesting that the Court consolidate the unlawful detainer case with another case involving title to the real property such as a fraud or quiet title action on several grounds including the grounds that the two cases are related and that determination of complex title issues should not be decided in a summary proceeding as that would unfairly prejudice the defendant in that they would not have the time to properly prepare for trial given the short time frames involved in California eviction proceedings and would not have the ability to engage in any meaningful discovery regarding the issue of whether the plaintiff holds valid title to the real property or whether defendant may have an interest in the real property.
The trial date in evictions in California must be set within 20 days from the date that a party files a request for trial setting pursuant to Code of Civil Procedure section 1170.5(a).
Discovery in California evictions is available but in many if not most cases there is insufficient time to conduct any meaningful discovery before the trial as Code of Civil Procedure section 2024.040(b)(1) states in pertinent part that discovery in eviction must be completed on or before the fifth day before the date set for trial.
Several California Court of Appeal decisions including a recent case have stated that a trial court has the statutory power to order that an eviction proceeding be consolidated with a pending action in which title to the real property is in issue. The reasoning is because if the tenant is successful in their claim of title that would defeat the right of the landlord to possession of the real property. They have also stated that may stay the eviction proceeding until the title issue is resolved in the other pending action.
Numerous decisions of the California Courts of Appeal and even the United States Supreme Court have stated that the summary unlawful detainer procedures are only constitutionally acceptable when applies to straightforward issues of possession and incidental damages. In fact the United States Supreme Court stated in a case that “the constitutionality of these summary procedures is based on their limitation to the single issue of right to possession and incidental damages.”
Another alternative ground for a motion for consolidation in an unlawful detainer case in California is the fact that because of the unique issues involved between the parties the unlawful detainer case does not qualify as a limited civil case under California statues governing limited civil cases such as Code of Civil Procedure section 85 and 86.
Sample motion for consolidation in an unlawful detainer case in California.
Attorneys or parties in California who would like to view a portion of a 27 page sample motion for consolidation in an unlawful detainer case in California that includes brief instructions, a table of contents and table of authorities, memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service and proposed order granting motion for consolidation sold by the author can see below.
Sample Motion for Consolidation in California Eviction by Stan Burman on Scribd
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The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.
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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.