Judge: Colin Leis, Case: 23STCV00539, Date: 2024-01-08 Tentative Ruling

Case Number: 23STCV00539    Hearing Date: January 8, 2024    Dept: 74

Dominic Jones v. Eugenie Nogueria, et al.

Motion to Consolidate Cases.

The court considered the moving papers, opposition, and reply.

The motion seeks consolidation of this case and Porto v Nogueira 23STCV01024. Code of Civil Procedure section 1048 grants discretion to trial courts to consolidate actions involving common questions of law or fact. “Consolidation is not a matter of right; it rests solely within the sound discretion of the trial judge . . .” (Fisher v. Nash Bldg. Co. (1952) 113 Cal.App.2d 397, 402.) Because this case and the Porto case involves different plaintiffs, the court has already found the two cases are not related. Thus, they cannot be consolidated. (L.A. Sup.Ct. Rule 3.3, subd (g)(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 […]”].) Also, the motion does not comply with California Rules of Court, rule 3.350. The court denies the motion to consolidate.

Defendants shall give notice.