Judge: Daniel M. Crowley, Case: 22STCV01640, Date: 2023-03-16 Tentative Ruling
Case Number: 22STCV01640 Hearing Date: March 16, 2023 Dept: 28
Defendants Thomas Alan Fields and
Steven Loston’s Motion to Consolidate Cases
Having considered the moving papers,
the Court rules as follows.
BACKGROUND
On
January 14, 2022, Plaintiff Trulena Reed (“Plaintiff”) filed this action
against Defendants Thomas Alan Fields (“Fields”) and Steven Loston (“Loston”) for
motor vehicle negligence and general negligence.
On
February 23, 2022, Defendants filed an answer.
On
June 16, 2022, the Court deemed this case and case no. 22STCV10109 related.
On
February 17, 2023, Defendants filed a Motion to Consolidate to be heard on March
16, 2023.
Trial
is current scheduled for July 14, 2023.
PARTY’S
REQUESTS
Defendants
request the Court consolidate this case with Case No. 22STCV10109 entitled Julio
Cesar Gonzalez Hernandez v. Thomas Alan Fields, 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
Defendants
allege that both cases arise out of the incident and involve common parties to
the action. Both cases stem from an automobile accident on January 17, 2021, involving
a motor vehicle accident between Plaintiff, Defendants and the plaintiff of the
related case. Defendants are identified as the defendants in both cases. They
have the same basic questions of fact or law. The cases were deemed related on June
16, 2022. It is within the interest of judicial economy to consolidate these
actions. As such, the Court grants the motion.
CONCLUSION
Defendants
Thomas Alan Fields and Steven Loston’s Motion to Consolidate Cases is GRANTED.
Case No. 22STCV01640 and Case No. 22STCV10109 are consolidated, with Case No. 22STCV01640
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.