Judge: Marcella O. Mclaughlin, Case: 37-2023-00017526-CU-PA-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 16, 2023

11/17/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2023-00017526-CU-PA-CTL GARCIA VS CHLAD [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Consolidate Cases, 08/10/2023

A. The unopposed motion to consolidate is DENIED without prejudice.

Pursuant to CRC 3.350(a)(2)(A), a motion to consolidate 'must be filed only in the lowest number case[.]' Here, the lower number case is the action assigned to Department N-27 in North County. See Case No. 2023-09978. Defendant, however, filed and scheduled the motion for hearing in this

Department, which has the higher number case.

Defendant also failed to comply with the requirements of CRC 3.350(a)(1)(A). The notice of motion does not list the lower number case first on the caption, does not indicate which parties have appeared, and was not filed in Case No. 2023-09978.

This ruling is without prejudice to defendant re-filing the motion in the lower number case (Case No.

2023-09978).

B. The parties are ordered to show cause, if any there be, why this case should not be transferred to the Vista courthouse pursuant to San Diego Superior Local Rule 1.2.2(O). Plaintiff alleges that the accident occurred in Oceanside. (Complaint at p. 4.) Oceanside is in the North County division for venue purposes. See SDSC Local Rule 1.2.2(C), (E). The OSC will be heard at 1:30 p.m. on November 17, 2023 in Dept. 72, immediately following the hearing on the foregoing motion and in lieu of the CMC.

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