Judge: Audra Mori, Case: 22STCV09959, Date: 2022-09-12 Tentative Ruling

Case Number: 22STCV09959    Hearing Date: September 12, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Starr Indemnity & Liability Company (“Plaintiff”) seeks an order consolidating this action, 22STCV09959, with Case No. 20STCV49576, contending the two actions concern the same work-related accident involving Pedro Susano Herrera Marquez and his employer.

The cases have not yet been deemed related, and 20STCV49576 is pending in Department 28 at the Spring Street Courthouse.  Pursuant to Local Rule 3.3(g)(1), which requires cases to be related before being consolidated, the motion is denied without prejudice.   

Furthermore, pursuant to California Rules of Court, rule 3.300(h)(1)(A), “Where all the cases listed in the notice are unlimited civil cases, or where all the cases listed in the notice are limited civil cases, the judge who has the earliest filed case must determine whether the cases must be ordered related and assigned to his or her department.” 

Here, the lowest numbered case, 20STCV49576, is assigned to Department 28.  Accordingly, Department 28 needs to decide whether to relate the cases, and if they are deemed related, a motion to consolidate can be noticed for hearing in Department 28.  The motion, therefore, is denied without prejudice to Plaintiff’s right to re-file the motion and notice it for hearing in Department 28, if and when the cases are deemed related in that department.

Plaintiff 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 12^th day of September 2022