Legal Question in Appeals and Writs in California

There is no preprinted (fill in the blank or check a box) form to request the court to consolidate the actions. Generally, you should file your action in the Superior Court and the file a motion in that action to consolidate the small claims court case. You must use a pleading format, on plain paper. You may need go the the law library to find the format for that motion. There are preprinted forms for the motion. If you small claims court action comes up before you get to the file the motion you may ask the small claims court judge to continue the case or order the cases consolidated. Procedure might vary from county to county on whether the judge would grant that request. Best procedure, get your case filed in Superior Court, then file motion, ex-party if necessary, to consolidate the actions. Good Luck, Pat McCrary

If you already have a small claims judgment against you on your counterclaim, then you have a problem. You cannot appeal the small claims decision on your counterclaim, and that decision is res judicata as to any lawsuit you filed in the Superior Court. It is also to late to file a motion to transfer or consolidate after the small claims judge has issued a decision.