Judge: Cherol J. Nellon, Case: 23STCV11127, Date: 2024-11-12 Tentative Ruling
Case Number: 23STCV11127 Hearing Date: November 12, 2024 Dept: 14
#6
Case Background
This is an action for injunctive relief, tortious
violation of the right to quiet enjoyment of tenancy, violation of Civ. Code,
section 1927, and violations of the Santa Monica Municipal Code. Plaintiff
alleges that he resides in an apartment in Santa Monica subject to rent
control. Plaintiff alleges Defendants posted invalid notices on his unit,
ordered agents to enter his unit, removed basic amenities, harassed him, denied
parking, and other conduct limiting the use of his apartment.
On May 17, 2023, Plaintiff Michael McKinsey filed his
Complaint against Defendants Sullivan-Dituri Realtor (Robert Sullivan Inc.) and
William Dawson.
On August 6, 2024, Plaintiff filed a Doe Amendment
naming Santa Monica Hotel Owner, LLC as a Defendant in this action.
On October 11, 2024, Plaintiff filed this motion to
consolidate and transfer.
Instant Pleading
Plaintiff moves to consolidate this case with the
unlawful detainer action, 24SMUD02110.
Decision
Plaintiff’s motion to consolidate and transfer is
DENIED.
Legal Standard
California Code of Civil Procedure section 1048 states: “When actions
involving a common question of law or fact are pending before the court, it may
order a joint hearing or trial of any or all the matters in issue in the
actions; it may order all the actions consolidated and it may make such orders
concerning proceedings therein as may tend to avoid unnecessary costs or
delay.”
Under California Rules of Court, Rule 3.350, subdivision (a)(1), a notice
of motion to consolidate must: (A) List all named parties in each case, the
names of those who have appeared, and the names of their respective attorneys
of record; (B) Contain the captions of all the cases sought to be consolidated,
with the lowest numbered case shown first; and (C) Be filed in each case sought
to be consolidated. (2) The motion to consolidate: (A) Is deemed a single
motion for the purpose of determining the appropriate filing fee, but
memorandums, declarations, and other supporting papers must be filed only in
the lowest numbered case; (B) Must be served on all attorneys of record and all
non-represented parties in all of the cases sought to be consolidated; and (C)
Must have a proof of service filed as part of the motion.
“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 department, have
been related into a single department, or if the cases were already
assigned to that department.” (LASC Local Court Rules, Rule 3.3(g)(1).)
Discussion
Plaintiff moves to consolidate this matter with the unlawful
detainer action, 24SMUD02110. However, Plaintiff has not filed a notice of
related case in both actions as required by LASC Local Court Rules, Rule 3.3
and Cal. Rules of Court, Rule 3.300. The Court cannot rule on a motion to
consolidate until the two matters have been deemed related into a single
department. Plaintiff must comply with the requirements of LASC Local Court
Rules, Rule 3.3 and Cal. Rules of Court, Rules 3.300 and 3.350.
Conclusion
Plaintiff’s motion to consolidate and transfer is
DENIED.