Legal Question in Civil Litigation in California
I filed a California small claims case for breach of contract. The defendant counter-sued in Superior Court and filed a motion to consolidate the 2 cases. The motion was denied by the small claims judge who heard the small claims case and judged in my favor. However, the Superior Court had already set a date for the consolidation motion to be heard and that date is coming up. How should I respond to this motion to consolidate, when the small claims case has already been heard?
2 Answers from Attorneys
File a brief with the Superior Court hearing the motion to consolidate pointing out that the small claims case has already proceeded to a judgment.
By preparing and timely filing appropriate Opposition pleadings, and going to court on the motion date. You should consider filing a 'counter' motion to dismiss, based upon your Small Claims judgment and other paperwork if it shows his case was 'resolved' by the small claims judgment.. You shouldn't assume the defendant's case will be dismissed though. You will possibly end up having to defend against it in Superior Court. You may or may not have legal or factual defenses. The small claims judge made no finding on the defendant's case, other than it wasn't appropriate for consolidation with yours. Unless you know what you are doing, you should consult with local counsel promptly for review, opinion and help. If serious about doing so, and if this is in SoCal courts, feel free to contact me.
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