Judge: Cherol J. Nellon, Case: 21STCV25701, Date: 2023-05-15 Tentative Ruling

Case Number: 21STCV25701    Hearing Date: May 15, 2023    Dept: 28

Defendants Transco Logisitics, LLC and Brian Nickel’s Motion to Consolidate Cases

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On July 13, 2021, Plaintiff Erick Guzman (“Plaintiff”) filed this action against Defendants Transco Logisitics, LLC (“Transco”), Prodigy Moving & Storage, Inc. (“Prodigy”) and Brian Nickel (“Nickel”) for motor vehicle and general negligence.

On August 19, 2021, the Court dismissed Prodigy, with prejudice, pursuant to Plaintiff’s request. On August 19, 2021, Transco and Nickel filed an answer.

On April 22, 2022, the Court deemed this case and case no. 22STCV09241 related.

On April 7, 2023, Defendants filed a Motion to Consolidate to be heard on May 15, 2023.

Trial is current scheduled for August 1, 2023.

PARTY’S REQUESTS

Defendants request the Court consolidate this case with Case No. 22STCV09241 entitled Jose Meza v. Transco Logistics, et al.

LEGAL STANDARD

According to CCP § 1048, when actions involved a common question or law or fact, it may order a joint hearing or trial, or order all actions consolidated.

Los Angeles County Superior Court Local Rule 3.3(g) provides as follows: “(1) Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have

been related into a single department, or if the cases were already assigned to that department. (2) Upon consolidation of cases, the first filed case will be the lead case, unless otherwise ordered by the court. After consolidation, all future papers to be filed in the Consolidated case must be filed only in the case Designated as the lead case”

DISCUSSION

Defendants allege that both cases arise out of the incident and involve common parties to the action. Both cases stem from an automobile accident on March 18, 2020. Plaintiff was driving a truck, with the plaintiff for the other case riding as a passenger in Plaintiff’s truck. Plaintiff's truck was allegedly rear ended by Nickel, who was driving in the scope of his employment for Transco. Defendants are identified as the defendants in both cases. They have the same basic questions of fact or law. The cases were deemed related on April 22, 2022. It is within the interest of judicial economy to consolidate these actions. As such, the Court grants the motion.

CONCLUSION

Defendants Transco Logisitics, LLC and Brian Nickel’s Motion to Consolidate Cases is GRANTED. Case No. 21STCV25701 and Case No. 22STCV09241 are consolidated, with Case No. 21STCV25701 designated as the lead case.

Moving Party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.