Judge: Jill Feeney, Case: 21STCV21349, Date: 2022-10-06 Tentative Ruling
Case Number: 21STCV21349 Hearing Date: October 6, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 6, 2022
21STCV21349
Motion to Consolidate filed by Cross-Complainants Traejan Reed, David Reed, and Kim Reed
DECISION
The motion is continued to enable correction of the deficiency noted below.
The parties are to appear at the hearing to discuss a continued hearing date for the motion.
Moving party to provide notice.
Background
This is an action for negligence and motor vehicle negligence arising from a vehicle collision which took place in January 2020. Plaintiffs Ricco Oneal, Eugene Nelson, and DeAnthony Lyons filed their Complaint against Jeffrey Charles Hawkins, and Diversified Thermal Services, Inc.
On August 2, 2021, Plaintiffs filed a First Amended Complaint.
On April 21, 2022, Cross-Complainants Traejan Reed, David Reed, and Kim Reed filed their Cross-Complaint.
On April 26, 2022, the Court granted Diversified Thermal Services’ notice of related case.
Cross-Complainants filed the instant motion to consolidate on September 8, 2022.
Summary
Moving Arguments
Cross-Complainants move to consolidate this case 21STCV21349 (“O’Neal Action”) with Deuntae Graham v. Diversified Thermal Services, Inc. 22STCV00800 (“Graham Action”). Cross-Complainants allege that these cases arise from the same vehicle collision in January 2020. The Court has already ordered these actions related.
Opposing Arguments
None.
Legal Standard
California Code of Civil Procedure section 1048 states: “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; 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.”
Under California Rules of Court, rule 3.350, subdivision (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. (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 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.
Discussion
Cross-Complainants seek to consolidate the instant case with related case 22STCV00800. The two cases arise from the same vehicle collision and involve common questions of law or fact.
A procedural requirement of a motion to consolidate is that the notice of motion must be filed in each case sought to be consolidated. (Cal. Rules of Court, Rule 3.350(a)(1)(C). The Court notes that the instant notice of motion to consolidate was not filed in case number 22STCV00800. This is in violation of the California Rules of Court, rule 3.350(a)(1)(C). Accordingly, the motion is continued until Cross-Complainant files a notice of motion to consolidate in 22STCV00800.
