Judge: Lisa R. Jaskol, Case: 19STCV43440, Date: 2023-09-21 Tentative Ruling
Case Number: 19STCV43440 Hearing Date: September 21, 2023 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On December 3, 2019, Plaintiff Tiffany Izzo (“Plaintiff”) filed this action against Defendants Tower 12 (“Defendant”) and Does 1-10 for negligence and premises liability.
On January 30, 2020, Defendant filed an answer.
On December 20, 2022, Defendant filed a cross-complaint against Cross-Defendant Michael Schiffman, M.D. (“Schiffman”) and Roes 1-20 for total indemnity, implied partial indemnity, declaratory relief, and equitable apportionment. On January 27, 2023, Schiffman filed an answer.
On July 27, 2023, the Court found that this case (case number 19STCV43440) and case numbers 23TRCV00010 and 23TRCV00483 are related within the meaning of California Rules of Court, rule 3.300(a). The Court designated case number 19STCV43440 as the lead case. The cases were assigned to Department 28 at the Spring Street Courthouse for all purposes.
On August 11, 2023, Schiffman filed a motion to consolidate to be heard on September 21, 2023. No opposition has been filed.
Trial is current scheduled for October 23, 2023.
PARTY’S REQUEST
Cross-Defendant Michael Schiffman, M.D., moves the Court to consolidate this case (case number 19STCV43440) and case numbers 23TRCV00010 and 23TRCV00483.
LEGAL STANDARD
“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.” (Code Civ. Proc., § 1048, subd. (a).)
Los Angeles County Superior Court Local Rule 3.3(g) provides: “(1) Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department. (2) Upon consolidation of cases, the first filed case will be the lead case, unless otherwise ordered by the court. After consolidation, all future papers to be filed in the consolidated case must be filed only in the case designated as the lead case. (3) Before consolidation of a limited case with an unlimited case, the limited case must be reclassified as an unlimited case and the reclassification fee paid.”
DISCUSSION
This case (case number 19STCV43440) and case numbers 23TRCV00010 and 23TRCV00483 arise out of Plaintiff’s slip and fall on Defendant’s property. Plaintiff suffered a wrist fracture, for which Schiffman treated her. Plaintiff filed suit against Defendant for negligence and premises liability. Defendant then cross-complained against Schiffman, asserting the medical treatment he provided to Plaintiff caused or contributed to her alleged injuries. Plaintiff filed two medical malpractice suits against Schiffman.
The previously-related cases pending before the Court involve common questions of law and fact. The Court grants the motion to consolidate and orders this case (case number 19STCV43440) and case numbers 23TRCV00010 and 23TRCV00483 consolidated for all purposes, including trial. Case number 19STCV43440 is the lead case.
CONCLUSION
The Court GRANTS the motion to consolidate filed by Cross-Defendant Michael Schiffman, M.D., and orders case numbers 19STCV43440, 23TRCV00010 and 23TRCV00483 consolidated for all purposes, including trial. Case number 19STCV43440 is the lead case. All future papers to be filed in the consolidated case must be filed in case number 19STCV43440.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file the proof of service of this ruling with the Court within five days.