Sample Motion for Consolidation in Eviction in California
This sample motion for consolidation in an unlawful detainer (eviction) case in California is filed under the provisions of Code of Civil Procedure section 1048(a) and 1177 and is used by a defendant in an eviction proceeding who is requesting that the Court consolidate the eviction case with another case involving title to the real property such as a fraud or quiet title action on 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. The sample has been revised and updated as of January 2017, is 27 pages and is designed to be used by a defendant in an eviction after a foreclosure but can also be easily modified for use in situations such as where the defendant in the eviction case is asserting an interest in the real property. The sample 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. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.