Judge: Lynne M. Hobbs, Case: 22STCV22790, Date: 2023-09-12 Tentative Ruling

Case Number: 22STCV22790    Hearing Date: September 12, 2023    Dept: 30

SEAN YOO v. JULIAN MENDEZ FELIX, ET AL.

Re: Motion to Consolidate filed by Defendant Stuart Schenk

Ruling: Defendant Stuart Schenk’s Motion to Consolidate is DENIED. Moving party is ordered to give notice. 

Rationale:  The Court finds that these cases have not been deemed related and thus cannot be consolidated. Defendant filed a notice of related case on May 2, 2023. However, it was rejected by the Court.

California Rules of Court, Rule 3.3(g)(1) states that cases may not be consolidated unless they are in the same department. A motion to consolidate may only be filed after they have been related into a single department or if they were already assigned to that department.

A further procedural requirement of a motion to consolidate is that the notice of motion must be filed in each case sought to be consolidated. (Cal. Rules of Court, Rule 3.350(a)(1)(C). The Court notes that the instant notice of motion to consolidate was not filed in the Mendez action. This is in violation of the California Rules of Court, rule 3.350(a)(1)(C).