Judge: Cherol J. Nellon, Case: 22STCV00652, Date: 2023-04-20 Tentative Ruling

Case Number: 22STCV00652    Hearing Date: April 20, 2023    Dept: 28

Defendant Robin David Pivaral’s Motion to Consolidate Cases

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

BACKGROUND

On January 6, 2022, Plaintiff Abby Kuskin-Jorgenson (“Plaintiff”) filed this action against Defendants Robin David Pivaral (“Pivaral”) and Pivaral Trucking Inc. (“PTI”) for negligence and negligent entrustment.

On September 15, 2022, Pivaral filed an answer.

On January 13, 2023, the Court deemed this case and case no. 22STCV32746 related.

On January 13, 2023, Pivaral filed a Motion to Consolidate to be heard on April 20, 2023.

Trial is current scheduled for July 6, 2023.

PARTY’S REQUESTS

Pivaral requests the Court consolidate this case with Case No. 22STCV32746 entitled Brenda Perez, et al. v. Pivaral Trucking, Inc., 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

Pivaral alleges that both cases arise out of the incident and involve common parties to the action. Both cases stem from an automobile accident on October 12, 2020, in which Pivaral allegedly collided with Plaintiff’s vehicles, resulting in Plaintiff’s vehicle veering off the freeway and hitting the other plaintiffs’ vehicle. 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 January 13, 2023. It is within the interest of judicial economy to consolidate these actions. As such, the Court grants the motion.

CONCLUSION

Defendant Robin David Pivaral’s Motion to Consolidate Cases is GRANTED. Case No. 22STCV00652 and Case No. 22STCV32746 are consolidated, with Case No. 22STCV00652 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.