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Motion to consolidate an eviction case in California

by Stan Burman

A motion to consolidate an eviction case in California is the topic of this blog post. 

A motion to consolidate an eviction case in California is filed under the provisions of Code of Civil Procedure sections 1048(a) and 1177.   Filing a motion to consolidate an eviction case in California is a good idea in cases such as evictions after foreclosure in California. 

A motion to consolidate an eviction case in California is filed by a defendant who wants the Court to consolidate the eviction case with another case filed in unlimited civil jurisdiction involving title to the real property such as a fraud or quiet title action for several reasons particularly the fact that 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 who 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.

Code of Civil Procedure section 1170.5(a) provides that the trial date in a California eviction case must be set within 20 days from the date that a party files a request for trial setting.

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 which does not allow sufficient time to conduct any meaningful discovery before the trial date.

Several decisions from the California Courts of Appeal decisions including a recent decision 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. The cases have also stated that a Court 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.”

The moving party may also wish to use as an alternative ground for consolidation the fact that because of the unique issues involved between the parties the eviction 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.

Attorneys or parties in California who would like to view a portion of a 27 page sample motion to consolidate an eviction 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 use the link shown below.

Sample Motion for Consolidation in California Eviction by Stan Burman on Scribd

 

Attorneys or parties in California that would like more information on a California eviction document collection containing over 30 sample documents including a sample motion to consolidate an eviction case in California sold by the author can use the link shown below.

https://legaldocspro.myshopify.com/collections/frontpage/products/california-eviction-litigation-document-collection

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

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.

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