Judge: Audra Mori, Case: 20STCV43663, Date: 2022-10-24 Tentative Ruling

Case Number: 20STCV43663    Hearing Date: October 24, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Case Nos. 20STCV43663 and 20STCV44908 arise out of the same motor vehicle accident.  The two cases have been deemed related and are pending in Department 31.  (Min. Order relating cases, Feb. 23, 2022.)  Defendant Kim Honny Kowsky (“Defendant”) now moves to consolidate the two actions.  Defendant filed notice of the motion in Case No. 20STCV44908, and no opposition to the motion has been filed.

CCP § 1048 grants discretion to the trial courts to consolidate actions involving common questions of law or fact.  A consolidation of actions does not affect the rights of the parties.  The purpose of consolidation is to avoid unnecessary costs or delay, avoid duplication of procedure, particularly in the proof of issues common to both actions, and avoid inconsistent results by hearing and deciding common issues together.  (See Estate of Baker (1982) 131 Cal.App.3d 471, 485.)  Each case presents its own facts and circumstances, but the court generally considers the following: (1) timeliness of the motion: i.e., whether granting consolidation would delay the trial of any of the cases involved; (2) complexity: i.e., whether joining the actions involved would make the trial too confusing or complex for a jury; and (3) prejudice: i.e., whether consolidation would adversely affect the rights of any party. (See State Farm Mut. Auto. Ins. Co. v. Superior Court (1956) 47 Cal.2d 428, 430–431.) 

Here, because the two actions arise out of the same automobile accident, and because no party opposes the motion, the Court finds consolidation is in the interest of justice.  

The motion to consolidate actions is granted. 

20STCV43663 is currently set for trial on December 20, 2022, and has a Final Status Conference (“FSC”) set for December 6, 2022.  20STCV44908 is set for trial on May 26, 2023.  The Court continues the December 6, 2022 trial date and sets the consolidated cases for trial on May 26, 2023 at 8:30 a.m. in Department 31.  The FSC in the consolidated cases is continued to May 12, 2023 at 10:00 a.m. in Department 31.  All hearing dates in 20STCV44908 are vacated.  The parties must reschedule any hearings in 20STCV44908 for hearing in 20STCV43663.  All future papers must be filed in 20STCV43663 only and all future hearings must be scheduled in 20STCV43663 only.

Moving Defendant is ordered to give notice.

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 24^th day of October 2022