Judge: Daniel M. Crowley, Case: 19STCV39885, Date: 2023-02-03 Tentative Ruling

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Case Number: 19STCV39885    Hearing Date: February 3, 2023    Dept: 28

Plaintiff Kelley Brown’s Motion to Consolidate Cases

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

BACKGROUND

On November 5, 2019, Plaintiff Kelley Brown (“Plaintiff”) filed this action against Defendant Andranik Grigoryan (“Defendant”) for statutory strict liability, common law strict liability, negligence, negligence of owners or possessors of residential real property, premises liability, negligent infliction of emotional distress and battery.

On December 10, 2019, Defendant filed an answer.

On February 28, 2022, the Court deemed this case and case no. 21STCV41646 related.

On November 17, 2022, Plaintiff filed a Motion to Consolidate Cases to be heard on February 3, 2023.

Trial is current scheduled for May 12, 2023.

PARTY’S REQUESTS

Defendants request the Court consolidate this case with Case No. 21STCV41646 entitled United Parcel Service, Inc. v. Andranik Grigoryan, 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

Plaintiff alleges that both cases arise out of the incident and involve common parties to the action. Both cases stem from the same dog bite incident that occurred on August 20, 2019. Plaintiff was working as a delivery person for UPS, who is the Plaintiff in the other subject action, when she was allegedly attacked by Defendant’s dog. Defendant is identified as the defendants in both cases. They have the same basic questions of fact or law. The cases were deemed related on February 28, 2022. It is within the interest of judicial economy to consolidate these actions. As such, the Court grants the motion.

CONCLUSION

Plaintiff Kelley Brown’s Motion to Consolidate Cases is GRANTED. Case No. 19STCV39885 and Case No. 21STCV41646 are consolidated, with Case No. 19STCV39885 designated as the lead case.  All existing dates in Case No. 21STCV41646 are hereby advanced and vacated.

                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.