Department 30, Spring Street Courthouse

August 17, 2022 

20STCV15088

Motion to Consolidate Related Cases for All Purposes filed by Defendant Terell D. McGirt

DECISION 

The hearing will be continued.

The parties are to appear on the date of the hearing to discuss a continued hearing date with the Judicial Assistant.

The Court finds that the two cases are related pursuant to the Notice of Related Case filed on January 21, 2022.

The Court designates Case Number 20STCV15088 as the lead case.

Defendant McGirt must file and serve a notice of related case in 20STCV37983.

Defendant McGirt must file and serve the notice of motion to consolidate in 20STCV37983. 

Moving party is ordered to provide notice.

This action arises from a motor vehicle accident that occurred on October 22, 2018.

On April 20, 2020, Plaintiffs Thurma Kelley and Tiffany McGlothin (collectively “Plaintiffs”) filed a complaint against Defendants Terell Dwayne McGirt (“McGirt”) and Fernando Enrique Lopez for motor vehicle negligence.

On January 21, 2022, Defendant McGirt filed a notice of related case.

On July 25, 2022, Defendant McGirt filed a motion to consolidate related cases for all purposes. No opposition has been filed.

Defendant McGirt moves for a court order consolidating this action (20STCV15088) with 20STCV37983 on grounds that the cases arise from the same motor vehicle accident and have significant overlap among the parties, allegations, and evidence.

None

CCP section 1048 provides that “[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 actions; 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.”  (Code Civ. Proc., § 1048.)

Under CRC Rule 3.350(a)(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. (Cal. Rules of Court, rule 3.350(a)(1).) CRC Rule 3.350(a)(2) provides that 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 non-represented parties in all of the cases sought to be consolidated; and (C) must have a proof of service filed as part of the motion. (Id., rule 3.350(a)(2).)

LASC Local Rule 3.3(g) provides that “[c]ases may not be consolidated unless they are in the same department.” (LASC Local Rules, rule 3.3(g)(1).) “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.”(Id.)

Defendant McGirt seeks a court order consolidating this action (20STCV15088) with 20STCV37983.

20STCV37983 is in Department 29. While McGirt filed a Notice of Related Case on January 21, 2022 in this case, there is no order indicating this action and 20STCV37983 have been related. As such, pursuant to Local Rule 3.3(g), the instant action and 20STCV37983 cannot be consolidated at this time.

The Court notes that a review of the Court’s records in 20STCV37983 shows that a Notice of Related Cases has not been filed in that case, as required by CRC Rule 3.300(d). (Cal. Rules of Court, rule 3.300(d) (“The Notice of Related Case must be filed in all pending cases listed in the notice and must be served on all parties in those cases.”).) Further, while the proof of service shows the moving papers have been served on all parties in both actions, McGirt has not filed the notice of motion in 20STCV37983, as required by CRC Rule 3.350(a)(1)(C).