Department 30, Spring Street Courthouse

December 20, 2022

21STCV41449

Related Case: 22STLC00299

Motion to Consolidate filed by Defendant Robert Jay Schechter

The motion is continued to permit the moving party to cure the deficiency noted below.

The parties are ordered to appear on the date of the hearing to set a continued hearing date. 

Moving party to provide notice.

This is an action for negligence arising from a vehicle collision which took place in January 2020. Plaintiff Sureya Khalmuratova filed her Complaint against Defendant Robert Jay Schechter on November 10, 2021.

On May 24, 2022, the Court deemed this case related to 22STLC00299.

Defendant filed the instant motion to consolidate on August 8, 2022.

Defendant moves to consolidate this case with Mubina Khalmuratova v. Robert Schechter 22STLC00299 on the grounds that both cases involve common questions of law or fact, are pending in the same court, are related, and involve the same vehicle collision.

None.

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.

Defendant seeks to consolidate the instant case with related case 22STLC00299. 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 22STLC00299. This is in violation of the California Rules of Court, rule 3.350(a)(1)(C). Accordingly, the motion is continued to permit Defendant time to file and serve notice of motion to consolidate in 22STLC00299.