Judge: Donald F. Gaffney, Case: Rose v. Doe 1, Date: 2023-08-16 Tentative Ruling

TENTATIVE RULING:

Motion to Consolidate

Plaintiff Karen Rose moves to consolidate the instant action with Rose v. Sellars, Case No. 30-2022-01299011 for all purposes. For the following reasons, Plaintiff’s motion is DENIED without prejudice.

A.   Standard for Consolidation

“When 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 actions”. (Code Civ. Proc., § 1048, subd. (a).) The court may also “order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Ibid.)

The purpose of consolidation is to enhance trial court efficiency (i.e., to avoid unnecessary duplication of evidence and procedures), and to avoid the substantial danger of inconsistent adjudications (i.e., different results when matters are tried before different juries or judges). (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial, 12:340 (The Rutter Group 2012).)

There are two types of consolidation, a complete consolidation which results in a single action and a consolidation of separate actions for trial. (See Sanchez v. Superior Court (1988) 203 Cal.App.3d 1391, 1396.) When cases are consolidated completely, one set of findings is made, and one judgment is rendered. (Id.) Cases may also be consolidated for purposes of hearings and trial only. (Id.) When this occurs, the pleadings, verdicts, findings and judgments are kept separate and the actions are simply tried together for the sake of convenience and judicial economy. (Id.)

The granting or denial of the motion to consolidate rests in the sound discretion of the trial court. (Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978–79.) Each case presents its own facts and circumstances, but the court generally considers the following: (1) timeliness of the motion: i.e., whether granting consolidation would delay the trial of any of the cases involved, or whether discovery in one or more of the cases has proceeded without all parties present; (2) complexity: i.e., whether joining the actions involved would make the trial too confusing or complex for a jury; and (3) prejudice: i.e., whether consolidation would adversely affect the rights of any party. (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (Rutter Group 2022) ¶ 12:362.)

B.   Procedural Requirements Re Motion to Consolidate

In bringing a motion to consolidate, the moving party must comply with California Rules of Court Rule 3.350, which states:

(a) Requirements of motion

(1) A notice of motion to consolidate must:

(A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record;

(B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and

(C) Be filed in each case sought to be consolidated.

(2) The motion to consolidate:

(A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case;

(B) Must be served on all attorneys of record and all nonrepresented parties in all of the cases sought to be consolidated; and

(C) Must have a proof of service filed as part of the motion.

(b) Lead case

Unless otherwise provided in the order granting the motion to consolidate, the lowest numbered case in the consolidated case is the lead case.

(c) Order

An order granting or denying all or part of a motion to consolidate must be filed in each case sought to be consolidated. If the motion is granted for all purposes including trial, any subsequent document must be filed only in the lead case.

(d) Caption and case number

All documents filed in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of all of the other consolidated cases.

In bringing a motion to consolidate, all the moving party needs to show “is that the issues in each case are basically the same, and that ‘economy and convenience’ would be served by a joint trial.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2016) ¶ 12:359.)

Plaintiff did not comply with California Rule of Court 3.350(a)(1)(C) which requires that a notice of motion to consolidate be filed in each case sought to be consolidated. Accordingly, the court denies the motion without prejudice.

Plaintiff to give notice.