Judge: Daniel M. Crowley, Case: 20STCV15270, Date: 2023-02-28 Tentative Ruling

Case Number: 20STCV15270    Hearing Date: February 28, 2023    Dept: 28

Plaintiff Tomas Ortiz-Pallares’s Motion to Consolidate Cases

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

BACKGROUND

On April 21, 2020, Plaintiff Tomas Ortiz-Pallares (“Plaintiff”) filed this action against Defendants Gustavo Cervantes (“Cervantes”) and Rancho Foods, Inc. (“RF”) for motor vehicle negligence and general negligence.

  On June 1, 2020, RF filed an answer.On August 12, 2020, Cervantes filed an answer.

On December 7, 2022, the Court deemed this case and case no. 22STCV04577 related.

On January 27, 2023, Plaintiff filed a Motion to Consolidate to be heard on February 28, 2023.

Trial is current scheduled for June 14, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court consolidate this case with Case No. 22STCV04577 entitled Maria Luna Garcia v. Rancho Food, 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

Plaintiff alleges that both cases arise out of the incident and involve common parties to the action. Both cases stem from an automobile accident, in which Defendant allegedly rear-ended a vehicle operated by Plaintiff. The other action is by Plaintiff’s wife, for loss of consortium stemming from the accident. Defendant is identified as the defendant in both cases. They have the same basic questions of fact or law. The cases were deemed related on December 7, 2022. It is within the interest of judicial economy to consolidate these actions. As such, the Court grants the motion.

CONCLUSION

             Plaintiff Tomas Ortiz-Pallares’s Motion to Consolidate Cases is GRANTED. Case No. 20STCV15270 and Case No. 22STCV04577 are consolidated, with Case No. 20STCV15270 designated as the lead case.

            The Order to Show Cause set for April 18, 2023, is 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.