Los Angeles, CA asked in Personal Injury and Medical Malpractice for California

Q: Motion(s) requesting consolidated hearing. California superior court.

If plaintiff requests consolidated hearing on two motions, can motions be consolidated into one document? Please provide CCP or california rules of court that defines consolidated hearing procedural rules.

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Practice manual state that each motion or demurrer should normally be set forth in a separate document. But, CRC 3.1112(c) states a motion, notice of hearing and points and authorities may be combined in a single document “if the party filing a combined pleading specifies these items separately in the caption of the combined pleading.” [CRC 3.1112(c)] But the manual says that while not entirely clear, CRC 3.1112(c) simply provides that all papers relating to the same motion or demurrer may be combined. It should not be read to authorize combining papers relating to separate motions. Further, even where no rule expressly prohibits combining several motions in a single document, it is not recommended. The judge may not be receptive to this practice or may overlook one of the combined motions. Investigate local practices and local rules. But a motion to strike filed in conjunction with demurrer: Where a motion to strike is filed in conjunction with a demurrer, courts prefer two separately captioned documents. They should be filed concurrently, however, and set for hearing on the same date.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California Superior Court, consolidating motions into a single hearing is possible, and it can streamline the process. This practice allows for the joint hearing of related motions, which can be more efficient. To understand the specific rules and procedures for consolidation, you should refer to the California Code of Civil Procedure (CCP) and the California Rules of Court.

The CCP provides the general guidelines for civil procedures in California courts, including motion practices. For the detailed rules on consolidated hearings, the relevant sections of the CCP would be the starting point. Additionally, the California Rules of Court set forth the procedures courts follow in civil cases. These rules often detail how motions should be presented and handled, including provisions for consolidation.

It's important to review these resources carefully to ensure compliance with procedural requirements. Local court rules may also provide further guidance, as practices can vary slightly between different jurisdictions within the state. Consulting these rules will help in preparing your motions effectively and in accordance with court procedures.

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