Judge: Kerry Bensinger, Case: 19STCV29642, Date: 2023-02-15 Tentative Ruling

Case Number: 19STCV29642    Hearing Date: February 15, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On August 21, 2019, plaintiff Darrell Dee Smith (“Plaintiff”) filed this action against defendant Ortal Bochbout (“Defendant”) seeking damages for personal injuries and property damage arising from a motor vehicle collision that occurred on December 24, 2018.  Trial is scheduled for May 23, 2023 at 8:30 a.m. in Dept. 27.  

On December 24, 2020, Defendant filed a separate action before the Honorable Jill Feeney in Department 30 against Smith seeking damages for personal injuries and property damage arising from the same accident.  That action was captioned Ortal Bochbout v. Darrell Smith (CASE NO. 20STCV49197).  On January 7, 2022, the parties submitted a stipulation to consolidate the two actions.  However, the Court did not sign the stipulation, stating that this Court was to make the determination of consolidation.  Trial in that action is scheduled for May 11, 2023 at 8:30 a.m.  

On September 22, 2022, Defendant filed in this Court a motion to consolidate the two actions, arguing that both actions arise out of the same automobile accident and are pending in Los Angeles Superior Court.  On January 27, 2023, this Court stated its inclination to grant Defendant’s motion but continued the hearing to this date, February 15, 2023, to allow time for Defendant to file a notice of motion to consolidate in Ortal Bochbout v. Darrell Smith (CASE NO. 20STCV49197), as is required by California Rules of Court, Rule 3.350(1)(C), and proof of the filing of the notice of related cases and notice of consolidation.  

          Defendant has yet to file proof of the filing of notice of related case and notice of consolidation.  Therefore, the Court will CONTINUE the hearing until _________________ at 1:30pm to allow time for the moving party to file the notice of related cases and notice of consolidation in the matter pending before Department 30 (20STCV49197).  Moving party must provide proof that the notice of related cases and notice of consolidation was filed in Ortal Bochbout v. Darrell Smith (CASE NO. 20STCV49197) at least five days prior to the new hearing date in this case.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

       Dated this 15th day of February 2023