Judge: Maren Nelson, Case: 21STCV22100, Date: 2023-09-20 Tentative Ruling

Case Number: 21STCV22100    Hearing Date: September 20, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Plaintiff’s motion to consolidate this action with Case No. 21STCV22100 is GRANTED.

On 12/15/2022, Plaintiff Johnnie Mcgee (Plaintiff) filed suit against Defendant County of Los Angeles (County), alleging: (1) discrimination; (2) retaliation; and (3) failure to prevent discrimination, harassment, and retaliation. 

            Now, Plaintiff moves to consolidate this action with Case No.: 21STCV22100.

Discussion

            Plaintiff argues that consolidation is appropriate here because the two cases involve the same parties, and have many overlapping issues, facts, and witnesses.

            After review, the Court agrees.

CCP section 1048(a) provides: "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."

Here, the lead case, Case No. 21STCV22100 involves allegations of harassment, discrimination, and retaliation between 2017 and June 9, 2021. The related case, Case No. 22STCV38925, is based on allegations of acts and discriminations which took place after June 9, 2021. As such, the two cases together represent the full extent of alleged discrimination and harassment based on race and age by the same employer against the same employee, and the only distinction between the two cases is a temporal one. 

Accordingly, the Court finds that consolidation serves the interest of judicial economy.

Based on the foregoing, Plaintiff’s motion to consolidate is granted.

It is so ordered.

Dated:  September    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.