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Motion to consolidate multiple cases in California

by Stan Burman

A motion to consolidate multiple cases in California is the topic of this blog post.

A motion to consolidate multiple cases in California is authorized by Code of Civil Procedure section 1048(a).

A motion to consolidate multiple cases in California is filed by a party that is requesting that two or more cases be consolidated on the grounds that the motion for consolidation should be granted on the grounds that all of the cases arise out of the same basic set of operative facts and also contain common issues as well as the fact  that consolidation of all of the cases will avoid unnecessary duplication of evidence and procedures in all of the cases; 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 to consolidate 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.

A motion to consolidate cases in California can request either a complete consolidation or consolidation for purposes of trial only. 

A request to completely consolidate two or more 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.

A request to consolidate two or more cases for purposes of 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.

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 use the link shown below.

Sample Motion for Consolidation of Cases in California by Stan Burman on Scribd

 

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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