Judge: Kerry Bensinger, Case: 21STCV44257, Date: 2023-01-20 Tentative Ruling

Case Number: 21STCV44257    Hearing Date: January 20, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On December 3, 2021, plaintiff Helene Spears (“Plaintiff”) filed this motor vehicle negligence action against defendants Park 'N Fly, LLC, BCD Parking, Inc., Park Holding, Inc., and Edison Flowers (“Defendants”) based on an accident occurring on December 4, 2019.

Trial is currently scheduled for June 2, 2024.

Defendants filed the instant motion for transfer, coordination, and consolidation on December 21, 2022. The motion is opposed.

II.          LEGAL STANDARD

Code of Civil Procedure § 403 provides the following:

A judge may, on motion, transfer an action or actions from another court to that judge’s court for coordination with an action involving a common question of fact or law within the meaning of Section 404.  The motion shall be supported by a declaration stating facts showing that the actions meet the standards specified in Section 404.1, are not complex as defined by the Judicial Council and that the moving party has made a good faith effort to obtain agreement to the transfer from all parties to each action.  Notice of the motion shall be served on all parties to each action and on each court in which an action is pending.  Any party to that action may file papers opposing the motion within the time permitted by rule of the Judicial Council.  The court to which a case is transferred may order the cases consolidated for trial pursuant to Section 1048 without any further motion or hearing.

(Code Civ. Proc., § 403.)

LASC Local Rule 3.3(h) provides that “[a] civil case which is not complex as defined by Standard 3.10 of the Standards of Judicial Administration may be transferred to the court from a superior court in another county, if it involves a common question of fact or law within the meaning of Code of Civil Procedure section 403.” (LASC Local Rule 3.3(h).) Local Rule 3.3(h) further provides that “[c]oordination motions seeking to transfer a case or cases to the Central District shall be filed and heard in Department 1.” (Ibid.)

III.        DISCUSSION

Defendants seek to transfer and consolidate San Bernardino County Superior Court Case No. CIVSB2133375 with this action. Pursuant to LASC Local Rule 3.3(h), Plaintiff was required to file this motion with Department 1.

Accordingly, the motion is TAKEN OFF CALENDAR.

IV.         CONCLUSION

The motion is 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 20th day of January 2023