Department 30, Spring Street Courthouse

July 27, 2022

21STCV09885

Motion to Consolidate

The motion is continued to allow the moving party to cure the deficiencies noted below.

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

All needed pleadings must be filed at least five court days in advance of the continued date.

Moving party is to provide notice and to file proof of service of such notice within five court days after the date of this order.

“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 department, have been related into a single department, or if the cases were already assigned to that department.” LASC Local Court Rules, Rule 3.3(g)(1). Here, the three cases are not related and are not all pending in Department 30. 

Additionally, under California Rules of Court, Rule 3.350, a notice of a motion to consolidate must: (A) list all named parties in each case, the names of parties who have appeared, and the names of the parties’ respective attorneys of record; (B) contain the captions of all cases sought to be consolidated, with the lowest numbered case shown first; and (C) be filed in each case sought to be consolidated. Rule 3.350(a)(1). Additionally, 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. Rule 3.350(a)(2). 

Here, a notice of motion to consolidate has not been filed in the two higher numbered cases. Moreover, the caption does not contain all the cases to be consolidated.