Judge: Lisa R. Jaskol, Case: 21STCV19189, Date: 2024-04-29 Tentative Ruling
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Case Number: 21STCV19189 Hearing Date: April 29, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
A. Case number 21STCV19189
On May 21, 2021, Plaintiff Yinghao Wu (“Wu”) filed an action against Defendants Enrique Estrada (“Estrada”) and Does 1-15 for motor vehicle tort and general negligence. (Case number 21STCV19189.)
On June 17, 2021, Estrada filed an answer.
No trial date is currently scheduled.
B. Case number 22PSCV01837
On November 16, 2022, Estrada filed an action against Wu and Does 1-30 for motor vehicle tort and general negligence. (Case number 22PSCV01837.)
On December 19, 2023, Wu filed an answer and a cross-complaint against Cross-Defendants Estrada and Roes 1-20 for indemnity and contribution.
C. The Court relates the cases
On November 28, 2023, the Court found that case numbers 21STCV19189 and 22PSCV01837 are related within the meaning of California Rules of Court, rule 3.300(a). 21STCV19189 became the lead case. The cases were assigned to Department 28 of the Spring Street Courthouse for all purposes.
D. Wu files a motion to consolidate
On December 29, 2023, Wu filed a motion to consolidate
case numbers 21STCV19189
and 22PSCV01837,
to be heard on February 13, 2024. On
January 2, 2024, Wu filed an amended motion.
The Court continued the hearing to April 29, 2024. Estrada has not filed an opposition.
PARTY’S REQUEST
Wu asks the Court to consolidate case numbers 21STCV19189
and 22PSCV01837 for trial only.
LEGAL STANDARD
Code of Civil Procedure section 1048, subdivision (a), provides:
“(a) 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).)
California Rules of Court, rule 3.350(a), provides:
“(a) Requirements of motion
“(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 nonrepresented parties in all of the cases sought to be consolidated; and
“(C) Must have a proof of service filed as part of the motion.”
(Cal. Rules of Court, rule 3.350(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
Case numbers 21STCV19189 and 22PSCV01837 are personal injury actions that arise from the same November 20, 2020, vehicle accident and involve the same parties. All parties in case numbers 21STCV19189 and 22PSCV01837 have stipulated to consolidate the cases for trial, with case number 21STCV19189 as the lead case.
The Court grants the motion and consolidates case numbers 21STCV19189 and 22PSCV01837 for the purpose of trial only.
CONCLUSION
The Court GRANTS the motion of Plaintiff Yinghao Wu to consolidate case numbers 21STCV19189 and 22PSCV01837 for the purpose of trial only. Case number 21STCV19189 is the lead case.
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.