TENTATIVE RULING

Defendants Guardian Angel Lock and Security, Inc. aka Guardian Angel Locksmith and Theodore P. Mayer Marshall’s Motion to Consolidate Cases is GRANTED in part.

The present action, Case No. 23SMCV00996 (Salvador E. Barrera v. Guardian Angel Lock and Security, Inc.), is consolidated with Case No. 23STLC05042 (United Services Automobile Association v. Theodore Marshall), Case No. 24SMCV00061 (Ghusoub Alkhalil), and Case No. 24SMCV00867 (Jacqueline Arias Reyes v. Theodore Pringle Mayer Marshall), for pretrial purposes only, with the present action, Case No. 23SMCV00996 (Salvador E. Barrera v. Guardian Angel Lock and Security, Inc.), serving as the lead case. All future filings shall be made in Case No. 23SMCV00996 (Salvador E. Barrera v. Guardian Angel Lock and Security, Inc.).

Defendants Guardian Angel Lock and Security, Inc. aka Guardian Angel Locksmith and Theodore P. Mayer Marshall to give notice. 

REASONING

The trial court has discretion to consolidate actions involving common questions of law or fact. (Code Civ. Proc., § 1048, subd. (a).) The purpose of consolidation is “to promote trial convenience and economy by avoiding duplication of procedure, particularly in the proof of issues common to both actions.” (Estate of Baker (1982) 131 Cal.App.3d 471, 485.) 

In deciding whether to consolidate actions, the Court generally considers the following factors: (1) timeliness of the motion, i.e., whether granting consolidation would delay the trial of any of the cases involved; (2) complexity, i.e., whether joining the actions involved would make the trial too confusing or complex for a jury; and (3) prejudice, i.e., whether consolidation would adversely affect the rights of any party. (See State Farm Mut. Auto. Ins. Co. v. Superior Court (1956) 47 Cal.2d 428, 430-431; Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978-979.)

Defendants Guardian Angel Lock and Security, Inc. aka Guardian Angel Locksmith and Theodore P. Mayer Marshall (“Defendants”) move the Court for an order consolidating the present action with Los Angeles Superior Court Case No. 23STLC05042 (United Services Automobile Association v. Theodore Marshall), Los Angeles Superior Court Case No. 24SMCV00061 (Ghusoub Alkhalil), and Los Angeles Superior Court Case No. 24SMCV00867 (Jacqueline Arias Reyes v. Theodore Pringle Mayer Marshall). The cases have been deemed related, and all three cases are currently pending in this department. Defendants argue that the cases share common issues of law and fact, as they arise out of the same incident on April 6, 2022, consolidation will promote efficiency, and consolidation will save time and costs and avoid unnecessary duplication of efforts. No opposition has been filed.

In this action, Plaintiffs Salvador E. Barrera Gonzalez, Rene O. Barrera, Digna I. Gonzalez, and Katherine T. Segura Alvardo allege harm arising out of a motor vehicle collision on April 6, 2022 on the 405 freeway south of Wilshire Boulevard when Defendants’ commercial van collided with the rear of Plaintiffs’ vehicle, causing Plaintiffs to collide with the vehicle in front of them. In Case No. 23STLC05042, Plaintiff United Services Automobile Association has filed a complaint for subrogation recovery for an incident involving its insured Virginia Villagrana against Defendants for a motor vehicle accident occurring on April 6, 2022 on the 405 freeway near Wilshire Boulevard. In Case No. 24SMCV00061, Plaintiff Ghusoub Alkhalil alleges that he suffered personal injuries due to a collision on the 405 freeway at the Wilshire Boulevard exit on April 6, 2022 wherein Defendant Marshall allegedly operated the vehicle, which was entrusted by Defendant Guardian Angel Locksmith. In Case No. 24SMCV00867, Plaintiff Jacqueline Arias Reyes brings an action against Defendants for injuries sustained in the same motor vehicle accident on April 6, 2022 on the 405 freeway just south of Wilshire Boulevard. 

While the allegations differ slightly in each complaint, it appears that all four actions concern the same motor vehicle accident. The Court finds that consolidation of this case with Case Nos. 23STLC05042, 24SMCV00061, and 24SMCV00867 is proper, but only for pretrial purposes. The actions will involve common questions of law or fact, as the claims arise out of the same incident, many of the same witnesses will likely testify in each action, and discovery will likely overlap in the four actions. The motion was timely brought, and the claims in the actions are relatively simple, such that the Court has no reason to conclude at this juncture that consolidation would make the trial too confusing or complex. Further, there is no obvious prejudice to any party, the parties signed a stipulation to consolidate the actions, and consolidation will promote convenience and economy by avoiding duplication of motions and hearings. However, the Court lacks a basis to conclude that consolidation of the actions for trial is necessary at this juncture. Defendants or any other party may renew this request at a date closer to trial of the actions.

Accordingly, Defendants Guardian Angel Lock and Security, Inc. aka Guardian Angel Locksmith and Theodore P. Mayer Marshall’s Motion to Consolidate Cases is GRANTED in part. The present action, Case No. 23SMCV00996 (Salvador E. Barrera v. Guardian Angel Lock and Security, Inc.), is consolidated with Case No. 23STLC05042 (United Services Automobile Association v. Theodore Marshall), Case No. 24SMCV00061 (Ghusoub Alkhalil), and Case No. 24SMCV00867 (Jacqueline Arias Reyes v. Theodore Pringle Mayer Marshall), for pretrial purposes only, with the present action, Case No. 23SMCV00996 (Salvador E. Barrera v. Guardian Angel Lock and Security, Inc.), serving as the lead case. All future filings shall be made in Case No. 23SMCV00996 (Salvador E. Barrera v. Guardian Angel Lock and Security, Inc.).