Judge: Cherol J. Nellon, Case: 22STCV02946, Date: 2023-05-24 Tentative Ruling

Case Number: 22STCV02946    Hearing Date: May 24, 2023    Dept: 28

Plaintiff Francisco Flores Fuentes’s Motion to Consolidate Cases

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

BACKGROUND

On January 25, 2022, Plaintiff Francisco Flores Fuentes (“Plaintiff”) filed this action against Defendants Ronald Steven Armstrong (“Ronald”) and Sunshine Armstrong (“Sunshine”) for motor vehicle. Plaintiff later amended the complaint to include Defendants Bullseye Builders, Inc. (“BB”) and Ji Hwan Bang (“Bang”).

On April 12, 2023, Plaintiff filed a Motion to Consolidate to be heard on May 24, 2023.

Trial is current scheduled for July 25, 2023.

PARTY’S REQUESTS

Defendants request the Court consolidate this case with Case No. 22STCV03231 entitled Accredited Surety and Casualty Company, Inc. v. Ronald Steven Armstrong, 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

Pursuant to LACSC Local Rule 3.3(g), cases may not be consolidated unless they are in the same department. This may be achieved either by the cases being initially filed in the same department or by relating the cases into the same department. The cases to be consolidated in this matter do not comply with this requirement. 22STCV03231 is in Department 27 of the Spring Street Courthouse, while 22STCV02946 is in Department 28. The cases have not been deemed related, as no request has been made. The Court denies the motion for failure to comply with the local rules.

CONCLUSION

Plaintiff Francisco Flores Fuentes’s Motion to Consolidate Cases is DENIED.

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.