What is a Motion to Consolidate/Join Cases?

The trial courts have discretion to consolidate actions involving common questions of law or fact and are pending in the same court. (Code of Civ. Proc., § 1048(a).)

The purpose is to enhance trial court efficiency (i.e., to avoid unnecessary duplication of evidence and procedures); and to avoid the substantial danger of inconsistent adjudications (i.e., different results because tried before different juries, or a judge and jury, etc.). (See Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978–979.)

How to Structure the Motion

There are two types of consolidation under Section 1048:

  1. a consolidation for purposes of trial only, where the two actions remain otherwise separate, and
  2. a complete consolidation or consolidation for all purposes, where the two actions are merged into a single proceeding under one case number and result in only one verdict or set of findings and one judgment.

(Hamilton v. Asbestos Corp. (2000) 22 Cal.4th 1127, 1147.)

California Rules of Court sets forth special rules which apply to motions seeking consolidation. A notice of motion to consolidate must:

  1. List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record;
  2. Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and
  3. Be filed in each case sought to be consolidated.

(Cal. Rules of Court, Rule 3.350(a)(1).)

Additionally, a motion to consolidate:

  1. Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case;
  2. Must be served on all attorneys of record and all non-represented parties in all of the cases sought to be consolidated; and
  3. Must have a proof of service filed as part of the motion.

(Cal. Rules of Court, Rule 3.350(a)(2).)

The Court’s Decision

The granting or denial of a motion to consolidate rests in the trial court's sound discretion, and will not be reversed except upon a clear showing of abuse of discretion. (Feliner v. Steinbaum (1955) 132 Cal.App.2d 509, 511; Nat’l Elec. Supply Co. v. Mt. Diablo Unified Sch. Dist. (1960) 187 Cal. App. 2d 418, 421.) “[I]t is possible that actions may be thoroughly ‘related’ in the sense of having common questions of law or fact, and still not be ‘consolidated,’ if the trial court, in the sound exercise of its discretion, chooses not to do so.” (Askew v. Askew (1994) 22 Cal.App.4th 942, 964.)

In deciding whether to grant a motion to consolidate, the court should weigh whether the common issues predominate over the individual issues and whether any risks of jury confusion or prejudice to the parties outweighs the reduction in time and expense that would result from consolidation. (Todd-Stenberg v. Shield (1996) 48 Cal.App.4th 976, 978.)

Recent Documents

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Defendant's Case Management Statement - Settlement Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ON Charles L. Post, SBN 160443 Zack S. Thompson, SBN 317110 Weintraub Tobin Chediak Coleman Grodin Law Corporation 400 Capitol Mall, Suite 1100 Sac Sacramento, CA 95814

Plaintiff's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET A

Case Management Statement Filed

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET A

Order Granting in Part and Denying in Part Plaintiff's Motion to Compel ...

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET A

Notice of Motion - Motion to Consolidate Actions for Purposes of Trial a...

ATHLEEN EGAN LATIC NOTICE IS HEREBY GIVEN that on April 20, 2021 at 3:30 p.m., or as soon thereafter as the matter may be heard in Department of the abovecaptioned court, located at 1130 “O” ROPEREFENSE AW ORPORATION ALMDON RIVE UITE RESNO NOTICE OF MOTION AND MOTION TO CONSOLI

Memorandum of Points & Authorities - Memorandum of Points and Authorities

ATHLEEN EGAN LATIC ROPEREFENSE AW ORPORATION ALMDON RIVE UITE RESNO MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF’S MOTION TO CONSOLIDATE ACTIONS FOR PU POSES OF TRIAL AND DISCOVERY ONLY Plaintiff KATHLEEN REGAN SLATIC

Proposed Order - Order Received for Signature

ATHLEEN EGAN LATIC Having read and considered Plaintiff KATHLEEN REGAN SLATIC’s (“Plaintiff”) Motion to Consolidate Actions for Purposes of Trial and Discovery Only (the “Motion to Consolidate”), the Opposition filed in opposition to the Motion to Consolidate, the Reply fil

Defendant's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Julia V. Islas, Esq. 159278 Stratman, Schwartz & Williams-Abrego P.O. Box 258829 Oklahoma City, OK 73125-8829 TELEPHONE NO.: (916) 503-2746

Cross Complainants' Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY William C. Reeves 183878 MORALES FIERRO & REEVES 2151 Salvio Street, Suite 280 Concord, CA 94520

Plaintiff's Case Management Statement - Case Management Statement

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET A

Plaintiff Katheleen Lefevers' Case Management Statement - Case Managemen...

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Barbara A. Blackburn SBN 253731 John H. Adams SBN 253341 Douglas L. Ropel SBN 300486 LITTLER MENDELSON, P.C. 500 Capitol Mall, Suite 2000, Sacramento, CA 95814 TELEPHONE NO.:916.830.7200 FAX NO. (Optional): 916.561.0828 E-MAIL ADDRESS (Optional)

Plaintiff's Amended Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY KOHLI 268430) KING & SPALDING LLP 633 West Fifth Street, Suite 1600 Los Angeles, CA 90071

Plaintiff's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET A

Defendant's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET A

Defendant's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Mark Saakian, Esq. 315902 Stratman, Schwartz & Williams-Abrego PO Box 258829 Oklahoma City, OK 73125-8829 TELEPHONE NO.: (916) 503-2755 FAX NO. (Opti

Motion TO CONSOLIDATE - Motion

NOTICE OF MOTION AND MOTION TO CONSOLIDATE ACTIONS the court for an order consolidating San Mateo County Consolidated Case CIV525919 with San Mateo County Case 21-CIV-01178. be based on the Motion itself, the Memorandum o

Memorandum of Points and Authorities in Support OF MOTION TO CONSOLIDATE...

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO CONSOLIDATE ACTIONS INTRODUCTION Plaintiffs ask this court to consolidate two related actions so that post litigation misconduct by Defendant can be heard along with the misconduct alleged in Consolidated

Motion (Pre-Disposition) 03/17/2021 - Motion (Pre-Disposition)

Superior Court of California County of Kern Bakersfield Department 11 Date: 03/17/2021 BCV-20-100678 BROWNHILL VS FCA US LLC

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Useful Examples
Recent Documents

1-25 of 10000 results

Defendant's Case Management Statement - Settlement Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ON Charles L. Post, SBN 160443 Zack S. Thompson, SBN 317110 Weintraub Tobin Chediak Coleman Grodin Law Corporation 400 Capitol Mall, Suite 1100 Sac Sacramento, CA 95814

Plaintiff's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET A

Case Management Statement Filed

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET A

Order Granting in Part and Denying in Part Plaintiff's Motion to Compel ...

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET A

Notice of Motion - Motion to Consolidate Actions for Purposes of Trial a...

ATHLEEN EGAN LATIC NOTICE IS HEREBY GIVEN that on April 20, 2021 at 3:30 p.m., or as soon thereafter as the matter may be heard in Department of the abovecaptioned court, located at 1130 “O” ROPEREFENSE AW ORPORATION ALMDON RIVE UITE RESNO NOTICE OF MOTION AND MOTION TO CONSOLI

Memorandum of Points & Authorities - Memorandum of Points and Authorities

ATHLEEN EGAN LATIC ROPEREFENSE AW ORPORATION ALMDON RIVE UITE RESNO MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF’S MOTION TO CONSOLIDATE ACTIONS FOR PU POSES OF TRIAL AND DISCOVERY ONLY Plaintiff KATHLEEN REGAN SLATIC

Proposed Order - Order Received for Signature

ATHLEEN EGAN LATIC Having read and considered Plaintiff KATHLEEN REGAN SLATIC’s (“Plaintiff”) Motion to Consolidate Actions for Purposes of Trial and Discovery Only (the “Motion to Consolidate”), the Opposition filed in opposition to the Motion to Consolidate, the Reply fil

Defendant's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Julia V. Islas, Esq. 159278 Stratman, Schwartz & Williams-Abrego P.O. Box 258829 Oklahoma City, OK 73125-8829 TELEPHONE NO.: (916) 503-2746

Cross Complainants' Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY William C. Reeves 183878 MORALES FIERRO & REEVES 2151 Salvio Street, Suite 280 Concord, CA 94520

Plaintiff's Case Management Statement - Case Management Statement

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET A

Plaintiff Katheleen Lefevers' Case Management Statement - Case Managemen...

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Barbara A. Blackburn SBN 253731 John H. Adams SBN 253341 Douglas L. Ropel SBN 300486 LITTLER MENDELSON, P.C. 500 Capitol Mall, Suite 2000, Sacramento, CA 95814 TELEPHONE NO.:916.830.7200 FAX NO. (Optional): 916.561.0828 E-MAIL ADDRESS (Optional)

Plaintiff's Amended Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY KOHLI 268430) KING & SPALDING LLP 633 West Fifth Street, Suite 1600 Los Angeles, CA 90071

Plaintiff's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET A

Defendant's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET A

Defendant's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Mark Saakian, Esq. 315902 Stratman, Schwartz & Williams-Abrego PO Box 258829 Oklahoma City, OK 73125-8829 TELEPHONE NO.: (916) 503-2755 FAX NO. (Opti

Motion TO CONSOLIDATE - Motion

NOTICE OF MOTION AND MOTION TO CONSOLIDATE ACTIONS the court for an order consolidating San Mateo County Consolidated Case CIV525919 with San Mateo County Case 21-CIV-01178. be based on the Motion itself, the Memorandum o

Memorandum of Points and Authorities in Support OF MOTION TO CONSOLIDATE...

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO CONSOLIDATE ACTIONS INTRODUCTION Plaintiffs ask this court to consolidate two related actions so that post litigation misconduct by Defendant can be heard along with the misconduct alleged in Consolidated

Motion (Pre-Disposition) 03/17/2021 - Motion (Pre-Disposition)

Superior Court of California County of Kern Bakersfield Department 11 Date: 03/17/2021 BCV-20-100678 BROWNHILL VS FCA US LLC

1 2 3 4 5 6 7 8 9 10 ... 400     last » 

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