Judge: Kerry Bensinger, Case: 20STCV48638, Date: 2023-04-11 Tentative Ruling

Case Number: 20STCV48638    Hearing Date: April 11, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On December 18, 2020, plaintiff Nathan Thomas Eckloff (“Plaintiff”) filed this action against defendants Walter Joseph Harris, J.J. Brown Company a.k.a. JJ Brown Company, and Does 1 to 100 (collectively, “Defendants”) arising out of a motor vehicle collision that occurred on January 8, 2019.  

          On September 26, 2022, Plaintiff filed a Notice of Related Case.  On September 27, 2022, the Court found that cases 20STCV48638 and 22STCV26023 were related within the meaning of California Rules of Court, rule 3.300, subdivision (a).  20STCV48638 is the lead case (low-number).

On November 7, 2022, Plaintiff filed the motion to consolidate this action, Case No. 20STCV48638, with Case No. 22STCV26023 on grounds that both involve motor vehicle accidents that caused personal injury.

The motion was heard on March 15, 2022.  The Court could not grant the motion at that time because the motion did not comply with California Rules of Court, rule 3.350, subdivision (a)(1).  Specifically, Plaintiff did not include a list of all named parties in each case, the names of those who had appeared, or the names of their respective attorneys of record.  Nor did Plaintiff file notice of the motion in Case No. 22STCV26023. 

On April 4, 2023, Plaintiff filed the instant motion to consolidate.  Upon review of the motion, the Court finds that it complies with California Rules of Court, Rule 3.350, subdivision (a)(1).  The Court further observes that Plaintiff has filed notice of this Motion in Case No. 22STCV26023.

Accordingly, the motion to consolidate is GRANTED.

The Court orders the following cases, 20STCV48638 and 22STCV26023, consolidated for all purposes.  The Court designates 20STCV48638 as the lead case.  All future documents must be filed in 20STCV48638 (NATHAN THOMAS ECKLOFF  v. WALTER JOSEPH HARRIS, et al.).  Case numbers on all subsequent filings should be reflected under the lead case.   

All hearings in 22STCV26023 are advanced and taken off calendar. 

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 11th day of April 2023