Judge: Alison Mackenzie, Case: 22STCV17848, Date: 2024-02-08 Tentative Ruling
Case Number: 22STCV17848 Hearing Date: February 8, 2024 Dept: 55
NATURE OF PROCEEDINGS: Defendants L For Lofts, LLC and Wilfred
Yang’s Motion to Consolidate Cases.
Plaintiffs, a group of commercial tenants, bring this
case seeking damages against L FOR LOFT, LLC and WILFRED YANG (“Defendants”) for
the loss of Plaintiffs’ personal property in a building fire. This case is related
and consolidated with case 22STCV36884.
On 1/12/24, Defendants filed a motion to consolidate
this case (22STCV17848) with the subrogation case titled Atlantic Casualty
Insurance Co. v. L for Lofts, LLC, Case No. 23AHCV01671. The local rules
are clear that cases may not be consolidated unless the court has first related
the cases and they are in the same department. L.A.S.C.L.R. 3.3(g)(1). On
1/18/24, the Court exercised its discretion and ordered that this case is not
related to the case in 23AHCV01671. The California Rules of Court, and Local
Rules, make clear that judges’ decisions to relate cases are
discretionary. E.g., CRC Rule 3.300(h) (“case may be ordered related….”),
and (j) (“If for any reason a case is not ordered related…, that
case will remain assigned to the court… where it was pending….”); L.R. 3.3(f)(3) (“In the event that the
pertinent judge under California Rules of Court, rule 3.300(h)(1)(A)(B)(C),
does not order related any of the cases set forth in the Notice of Related
Cases,...”). [Emphases added.]
Because the cases are not related, no authority exists
for the Court to consolidate the cases. The Court therefore denies the motion.