Judge: Daniel M. Crowley, Case: 21STCV00577, Date: 2022-12-20 Tentative Ruling

Case Number: 21STCV00577    Hearing Date: December 20, 2022    Dept: 28

Defendants Juan Salvador Salazar and JB Hunt Transporation Services, Inc.’s Motion to Consolidate Cases

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

BACKGROUND

On January 7, 2021, Plaintiffs April Ball (“Ball”) and Antonio Kates, Sr. (“Kates”), both individually and as successors in interest of Antonio Kates, Jr. filed this action against Defendants Christine Garcia (“Christine”), Juan Salvador Salazar (“Salazar”) and JB Hunt Transporation Services, Inc. (“JB”) for motor vehicle and general negligence. Plaintiff later amended the complaint to include Defendant Silvia Garcia (“Silvia”).

On February 18, 2021, the Court dismissed Christine, without prejudice, pursuant to Plaintiffs’ request. On February 18, 2021, JB filed its answer. Salazar filed his answer on March 8, 2021.

On April 12, 2021, the Court noticed this case as related with 20STCV48657, making 20STCV48657 the lead case. 

On May 28, 2021, Bravo filed an answer and a Cross-Complaint for implied indemnity, equitable apportionment of fault and contribution against Roes 1-100. Bravo later amended the Cross-Complaint to be against Christine. 

On September 26, 2022, Salvador and JB (“Moving Defendants”) filed a Motion to Consolidate Cases to be heard December 20, 2022. Bravo filed a joinder on December 12, 2022.

Trial is current set for August 10, 2023.

PARTY’S REQUESTS

Moving Defendants request the Court consolidate this case with Case No. 21STCV11151, entitled Estate of David Garcia Lainez v. Juana Salazar, et al.

Bravo joins in the request.

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

Moving Defendants allege that both cases arise out of the incident and involve common parties to the action. Both cases stem from the same motor vehicle accident; Moving Defendants are Defendants in both actions. They have the same basic questions of fact or law.  It is within the interest of judicial economy to consolidate these actions. The Court grants the motion.

CONCLUSION

Defendants Juan Salvador Salazar and JB Hunt Transporation Services, Inc.’s Motion to Consolidate Cases is GRANTED. Case No. 21STCV00577 and Case No. 21STCV11151 are consolidated, with Case No. 21STCV00577 designated as the lead case.

              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.