Judge: Dennis J. Keough, Case: 2021-01207477, Date: 2023-05-25 Tentative Ruling

Motion to Consolidate

Defendants LP Landscape Construction, Inc. Landpro, Inc., and Gerado Suazreznunez’s Motion to Consolidate and Continue the Trial is DENIED. 

Pursuant to Code of Civil Procedure §1048(a), “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the action; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.”

Defendants request that the Court consolidate the following cases and continue the trial:

•        Alexis Gabrielle Duran v. LP Landscape Construction, Inc., et al., (Case No. 30-2021-01207477), filed on June 25, 2001. Trial is set for June 19, 23. 

•        Trino Cruz v. LP Landscape Construction, Inc., et al., (Case No. 30-2022- 01284963), filed on September 30, 2022. Trial is set for January 8, 2024.

•        Old Republic General Insurance Corporation v. LP Landscape Construction, Inc., (Case No. 30-2022-01280654) was filed on September 13, 2022. Trial set for January 8, 2024.

These cases arise out of a three-vehicle accident that occurred on November 7, 2020, on the Southbound SR-57 freeway near Katella Avenue in Anaheim, California. Defendant Gerardo Suarez Nunez was driving a 2017 Ford F-450 with a black 2020 Cati Carrier Trailer, owned by LP Landscape Construction. Plaintiff Cruz was driving a white 2011 Ford F-350. Plaintiff Duran was driving a Mercedes CLA 250.

Defendants previously requested that the court consolidate all three cases, and Judge Crandall denied that request and only consolidated the Cruz and Old Republic cases for trial purposes only.  (See ROA 38 – Trino Cruz v. LP Landscape Construction, Inc., et al., (Case No. 30-2022- 01284963); Taherian Decl., ¶ 24.)  The trial in those cases was set for 1-8-24. 

Further, the Duran case is scheduled for trial on 6-19-23. Consolidating this case with the Cruz and Old Republic case will prejudice Plaintiff Duran as she will have to wait until 1-8-24 for her trial, when her case is ready to be tried. 

For these reasons, Defendants’ Motion to Consolidate is DENIED. 

Moving party to give notice.