You are on page 1of 4

1 Any Attorney or Party

Any Street
2 Any Town, CA 99999

3 555-555-5555

4 Any Attorney or Party

5

6

7

8 Superior Court of the State of California

9 For the County of _____________

10

11 Any Plaintiff, ) Case No. LOWEST CASE NUMBER HERE
)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) CONSOLIDATION OF CASES; MEMORANDUM
13 vs. ) OF POINTS AND AUTHORITIES;
) DECLARATION(S) OF _______________,
14 Any Defendant, ) EXHIBITS
)
15 Defendant. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
18

19 Any Plaintiff, ) Case No.
)
20 Plaintiff, )
)
21 vs. )
)
22 Any Defendant, )
)
23 Defendant. )
)
24 )
)
25 )
)
26

27 ///

28 ///

- 1 -
1 Any Plaintiff, ) Case No.
)
2 Plaintiff, )
)
3 vs. )
)
4 Any Defendant, )
)
5 Defendant. )
)
6 )
)
7 )
)
8

9 To subscribe to my FREE Weekly legal newsletter visit
10
http://www.legaldocspro.net/newsletter.htm and enter your e-mail
11

12
address.
13

14 To view many more sample legal documents sold by LegalDocsPro
15
visit http://www.scribd.com/legaldocspro
16

17 Be sure to remove all notices before using this document.
18
TO ALL INTERESTED PARTIES IN EACH CASE CAPTIONED ABOVE AND THEIR
19
ATTORNEYS OF RECORD:
20

21 PLEASE TAKE NOTICE that on ________________________ at _________.M., or as soon

22 after that as the matter can be heard, in Dept. _______ of the above-entitled Court located at LIST
23
COMPLETE ADDRESS OF COURT, LIST NAME AND CAPACITY OF MOVING PARTY
24
(“_______”), will move the Court to order pursuant to Code of Civil Procedure § 1048(a) to
25
consolidate Case No. LIST CASE WITH LOWEST CASE NUMBER HERE captioned NAME
26

27 OF PLAINTIFF vs. NAME OF FIRST DEFENDANT (“________Action); Case No. LIST

28 CASE NUMBER OF SECOND CASE HERE captioned NAME OF PLAINTIFF vs. NAME OF

- 2 -
1 FIRST DEFENDANT, (“________Action) and Case No. LIST CASE NUMBER OF SECOND
2 CASE HERE captioned NAME OF PLAINTIFF vs. NAME OF FIRST DEFENDANT,
3
(“______Action). The motion should be granted on the grounds that all of the Actions arise out of the
4
same set of operative facts namely LIST HERE THE SAME SET OF OPERATIVE FACTS and
5

6
contain common issues in that LIST HERE THE ISSUES THAT ARE COMMON TO ALL OF

7 THE ACTIONS. Consolidation of all of the Actions will avoid unnecessary duplication of evidence

8 and procedures in all of the actions; avoid the risk of inconsistent adjudications and avoid many of
9
the same witnesses testifying on common issues in all actions as well as promote judicial economy
10
and convenience.
11
The Motion will be based on this notice, the attached memorandum of points and authorities,
12

13 the attached Declaration of _____________________ and Exhibits attached thereto, the records and

14 files of this action, and the oral and documentary evidence which may be introduced at the hearing.
15

16

17 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
18

19 Be sure to modify these paragraphs to suit your individual
20
situation. Do NOT just use the wording here unless it definitely applies
21

22 to your particular situation. Be sure to add or subtract case captions as
23

24 necessary and list the case with the lowest case number first.
25
Note that this motion should only be used when all cases are pending in
26

27 the same Court.
28

- 3 -
1 You must serve all parties in every case who have made an
2

3
appearance with this entire motion including all supporting documents.
4
You only have to file the entire motion in the case with the lowest case
5

6 number which is known as the lead case. You only need to file the
7
notice of motion and proof of service in all of the other cases. See
8

9 California Rule of Court. 3.350 for more details.
10

11
To purchase the entire 19 page document visit:
12
https://legaldocspro.myshopify.com/products/sample-motion-for-
13

14 consolidation-of-cases-in-california
15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 4 -