Judge: Lee W. Tsao, Case: 24NWLC09141, Date: 2025-04-29 Tentative Ruling

Case Number: 24NWLC09141    Hearing Date: April 29, 2025    Dept: F

STUDENT LOAN SOLUTIONS, LLC v. SAMUEL ARGUILEZ et al.

CASE NO.: 24NWLC09141

HEARING DATE: APRIL 29, 2025 @ 10:30 a.m.

#25

TENTATIVE RULING

Plaintiff STUDENT LOAN SOLUTIONS, LLC’S Motion to Transfer Action for Coordination is GRANTED.  A status hearing re transfer is scheduled for July 29, 2025 at 10:30 a.m. in Dept. SE-Y.

Moving party to give notice.

Plaintiff Student Loan Solutions, LLC (“Plaintiff”) filed two lawsuits in two different counties involving the same defendants and the same promissory note for a private student loan.  The instant action in Los Angeles County was filed on March 8, 2024.  Later the same day, Plaintiff filed the second lawsuit in Riverside County (Student Loan Solutions LLC v. Elda Serna et al., Riverside Superior Court, Case No. CVCO2401520).  Plaintiff filed two separate lawsuits to comply with the Fair Debt Collection Practices Act which requires a debt collector to file suit where the debtor resides at the time of filing. 

Plaintiff now moves for an order transferring the Riverside County action to Los Angeles County for coordination under CCP § 403 on the grounds that coordination will advance the interests of justice, the orderly presentation of evidence, avoid inconsistent verdicts, and promote the convenience of witnesses. 

No opposition has been filed as of April 24, 2025.

CCP § 403 provides in relevant part: “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.”

CCP § 404.1 provides: “Coordination of civil actions sharing a common question of fact or law is appropriate if one judge hearing all of the actions for all purposes in a selected site or sites will promote the ends of justice taking into account whether the common question of fact or law is predominating and significant to the litigation; the convenience of parties, witnesses, and counsel; the relative development of the actions and the work product of counsel; the efficient utilization of judicial facilities and manpower; the calendar of the courts; the disadvantages of duplicative and inconsistent rulings, orders, or judgments; and, the likelihood of settlement of the actions without further litigation should coordination be denied.”

Here, Counsel for Plaintiff declares that the Los Angeles County and Riverside County lawsuits involve the same defendants and the same promissory note of a private student loan where one defendant signed the promissory note and the other defendant co-signed the promissory note. (Goldsmith Decl., ¶ 2.) Both lawsuits involve the same transaction and the same promissory note. (Id., ¶ 3.) Plaintiff requests that the actions be coordinated in Los Angeles County, which is where one of the defendants resides and the other defendant may appear remotely for court appearances.  The actions are not complex.  As previously noted, the motion is unopposed.

The Court finds that the actions involve a common question of fact and law, and that coordination would promote the convenience of the parties, judicial efficiency, and avoid inconsistent rulings.

Accordingly, Plaintiff’s Motion to Transfer Action for Coordination is GRANTED.  The Court orders the Riverside County lawsuit (Student Loan Solutions LLC v. Elda Serna et al., Riverside Superior Court, Case No. CVCO2401520) TRANSFERRED to Los Angeles County and CONSOLIDATED with the instant lawsuit.  The instant lawsuit shall be the lead case and, upon transfer, all future dates in the Riverside County case shall be vacated. 

Moving party to pay the transfer fees, to wit: $225.00 for the filing fee and the change of venue fee of $50.00.