Judge: Kerry Bensinger, Case: 19STCV29642, Date: 2023-03-22 Tentative Ruling

Case Number: 19STCV29642    Hearing Date: March 22, 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 the Judge in Department 27 was to make the determination of consolidation.  Trial in 20STCV49197 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, subdivision (a)(1)(C), and proof of the filing of the notice of related cases and notice of consolidation.  

This motion came on for hearing on February 15, 2023.  At the time, Defendant had yet to file proof of the filing of notice of related case and notice of consolidation.  The Court continued the matter.

On February 28, 2023, Defendant filed a motion to consolidate in Department 27, Case No. 19STCV29642 (Lead case).

March 8, 2023, Defendant filed the motion to consolidate in Case No. 20STCV49197.  

The motion to consolidate is still procedurally defective.  Defendant has not filed a notice of related case in Case No. 20STCV49197.  However, because all of the parties in both cases were served with notice of the motion to consolidate, which is unopposed, and assuming all of the parties appear for the hearing, the Court will hear the motion.     

   Dated this 22nd day of March 2023