Judge: Daniel M. Crowley, Case: 22STCV01902, Date: 2023-02-27 Tentative Ruling

Case Number: 22STCV01902    Hearing Date: February 27, 2023    Dept: 28

Plaintiff Kelley Brown’s Motion to Consolidate Cases

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

BACKGROUND

On January 14, 2022, Plaintiff Tarzana Treatment Centers, Inc. (“Plaintiff”) filed this action against Defendant Steve Lyons (“Steve”) for motor vehicle negligence. Plaintiff later amended the complaint to include Defendant Gabriela Lyons (“Gabriela”).

On April 14, 2022, Steve filed an answer. On November 4, 2022, Gabriela filed an answer.

On June 13, 2022, the Court deemed this case and case no. 22STCV01140 related.

On December 20, 2022, Plaintiff filed a Motion to Consolidate to be heard on February 27, 2023.

Trial is current scheduled for July 14, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court consolidate this case with Case No. 22STCV01140 entitled Darlene Henderson v. Steve Lyons, 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 on January 16, 2020, in which Defendant allegedly rear-ended a vehicle operated by Plaintiff’s employee while working for Plaintiff. The other action is by the employee herself. 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 June 13, 2022. It is within the interest of judicial economy to consolidate these actions. As such, the Court grants the motion.

CONCLUSION

Plaintiff Tarzana Treatment Centers, Inc.’s Motion to Consolidate Cases is GRANTED. Case No. 22STCV01902 and Case No. 22STCV01140 are consolidated, with Case No. 22STCV01140 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.