Judge: Lee S. Arian, Case: 22STCV10846, Date: 2024-01-16 Tentative Ruling

Case Number: 22STCV10846    Hearing Date: January 16, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On March 30, 2022, Plaintiff City of Beverly Hills (“Plaintiff”) filed this motor vehicle negligence action against Defendant Shahriar Montesharei (“Defendant”).

On December 12, 2023, the Court related this case with Case No. 22STCV30105.

On December 13, 2023, Defendant filed the instant motion to consolidate the related cases. The motion is unopposed.

II.          LEGAL STANDARD

Code of Civil Procedure section 1048 states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.”

Under California Rules of Court, Rule 3.350(a)(1), a notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and (C) Be filed in each case sought to be consolidated.  (2) The motion to consolidate: (A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case; (B) Must be served on all attorneys of record and all non-represented parties in all of the cases sought to be consolidated; and (C) Must have a proof of service filed as part of the motion. 

III.        DISCUSSION

The Court finds the actions involve common questions of law and fact in both the cases. Both actions arise from the same motor vehicle collision and involve the same defendant. Further, all parties have stipulated to consolidate the cases. (Doan Decl., Exh. A.)

The notice of motion was not filed in the related case (22STCV30105), however the Court waives this technical deficiency as both matters are before this Court and the parties have stipulated to consolidation.

The motion also requests to continue the trial date. The trial date was continued after the filing of this motion. The request is therefore moot.

IV.        CONCLUSION

Accordingly, the Motion to Consolidate is GRANTED.

Moving party is ordered 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 16th day of January 2024