Judge: Jon R. Takasugi, Case: 21STCV46199, Date: 2025-01-08 Tentative Ruling

Case Number: 21STCV46199    Hearing Date: January 8, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to consolidate is DENIED.

On 12/17/2023, Plaintiff T.K. (Plaintiff) filed suit against DOE 1. On 1/14/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) negligence and; (2) negligent hiring, retention, and supervision.

            On 10/25/2024, Plaintiff moved to consolidate this action with the matter A.H. V. LOS ANGELES UNIFIED SCHOOL DISTRICT, et al., Los Angeles County Superior Court Case No. 22STCV06484.

Discussion

            Plaintiff argues that consolidation of the two actions is proper under section 1048, because both cases involve the same questions of fact and law, both cases utilize the same witnesses, and consolidation will promote judicial economy in light of the theses circumstances.

            In opposition, Defendant argues that consolidation is improper because the two matters involve two different plaintiffs in two different time periods.

            After review, the Court finds insufficient grounds to support consolidation.

Plaintiff T.K., in this current matter, alleges she was abused by her teacher, William Alexander, from 1977 to 1978. By contrast,  Plaintiff A.H., from Case No. 22STCV06484, alleges she was abused by Alexander from 1973 to 1974. There is no overlap in time when the incidents occurred and there is also no indication that the students knew each other. Also, given that there is no overlap in time, each Plaintiff is expected to call different witnesses. Moreover, each respective Plaintiff has a separate and distinct claim for damages which involves facts and evidence that is separate and distinct for each Plaintiff.

Moreover, Plaintiff here offers no persuasive explanation for the delay in seeking consolidation of the cases. These two cases have now been pending for several years, and the Plaintiffs in both cases are represented by the same law firm. Plaintiff T.K. filed her lawsuit on 12/17/2021 and has known that the two cases involved the same alleged perpetrator since 2/22/ 2022 when Plaintiff A.H. filed her lawsuit. Although it has been more than three and a half years since Plaintiff A.H. filed her lawsuit, Plaintiff T.K. now seeks to consolidate the two cases when trial in this matter is set to start on January 21, 2025.

Based on the foregoing, Plaintiff’s motion to consolidate is denied.

It is so ordered.

Dated:  January    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.