Judge: James A. Mangione, Case: 37-2023-00006849-CU-OE-CTL, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 12, 2023

10/13/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2023-00006849-CU-OE-CTL SAUNDERS VS PITA BROTHERS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Natalie Saunders's Motion to Consolidate is granted.

The Court declines to consider Defendant Halimeh Hamideh's opposition because it does not contain any legal authority or supporting evidence. (See Nationwide Ins. Co. of America v. Tipton (2023) 91 Cal.App.5th 1355, 1365, review denied (Aug. 23, 2023) ('Fairness dictates all arguments be presented in the memorandum of points and authorities, which 'must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.' A trial court may decline to consider an argument that does not comply with rule 3.1113 of the California Rules of Court.' (quoting Cal. Rules of Court, rule 3.1113(b)).) However, even if Defendant's arguments were considered, the Court would still grant the motion to consolidate. The two cases have significant overlap as to the underlying facts, the named Defendants, the causes of actions alleged and the time period at issue. (See Jud Whitehead Heater Co. v. Obler (1952) 111 Cal.App.2d 861, 867.) Furthermore, the Court finds that Defendants will not be prejudiced by consolidating the cases. (See id.) Torin Duffin v. Pita Brothers, Inc., et al., San Diego Superior Court Case No.

37-2022-00008417-CU-WT-CTL is ordered consolidated with the instant case. The instant case shall be the lead case.

The Motion for Leave to Amend is ordered off calendar because no moving papers were filed with the Court.

The minute order is the order of the Court.

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