Judge: Lisa R. Jaskol, Case: 22STCV29506, Date: 2024-02-20 Tentative Ruling
Case Number: 22STCV29506 Hearing Date: February 20, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On September 12, 2022, Plaintiffs Trevor Brathwaite and Trea’sure Brathwaite filed this action against Defendants Elizabeth Zion Seres (“Seres”), Brittney Benson, Los Angeles Unified School District, County of Los Angeles, and Does 1-25 for motor vehicle tort and general negligence.
On January 8, 2024, Seres filed a notice of related cases for this case (22STCV29506) and case numbers 23STLC07239, 23IWSC01292, 23IWSC01646, and 23IWSC01291. Also on January 8, 2024, Seres also filed a motion to consolidate these cases to be heard on February 9, 2024. The Court continued the hearing to February 20, 2024.
On February 9, 2024, Seres filed an answer.
Trial is currently scheduled for March 11, 2024.
PARTY’S REQUEST
Seres asks the Court to consolidate an unlimited civil case (22STCV29506), a limited civil case (23STLC07239), and three small claims cases (23IWSC01292, 23IWSC01646, and 23IWSC01291) for all purposes.
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
“Rules
applicable to reclassifying limited civil cases [citation] do not appear applicable
to small claims actions [citation].” (L.
Edmon & C. Karnow, Cal. Practice Guide: Civil Procedure Before Trial
(Rutter 2023) ¶ 3:122.54, p. 3-32, citing Code Civ. Proc., § 87.)
Seres does not cite any authority allowing a
defendant to override a plaintiff’s choice to file an action in small claims
court by asking the Court to consolidate the small claims case with a limited
or unlimited civil case.
In addition, the cases have not been related into the same department (see Local Rule 3.3(g)) and Seres did not file a notice of the motion to consolidate in each of the cases she seeks to consolidate (see Cal. Rules of Court, rule 3.350(a)(1)(C)).
The
Court denies the motion to consolidate.
CONCLUSION
The Court DENIES Defendant Elizabeth Zion Seres’s motion to consolidate case numbers 22STCV29506, 23STLC07239, 23IWSC01292, 23IWSC01646, and 23IWSC01291.
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.