Judge: Mark A. Young, Case: 25SMCV00364, Date: 2025-05-20 Tentative Ruling

Case Number: 25SMCV00364    Hearing Date: May 20, 2025    Dept: M

CASE NAME:           State Farm General Insurance Co. v. Kndd Inc., et al.

CASE NO.:                25SMCV00364

MOTION:                  Motion to Consolidate

HEARING DATE:   5/20/25

Legal Standard

The trial court is authorized to consolidate pending “actions involving a common question of law or fact” so as to “avoid unnecessary costs or delay.” (CCP § 1048(a).) The decision to consolidate pending actions is a matter wholly committed to the trial court’s discretion. (Nat’l Elec. Supply Co. v. Mt. Diablo Unified Sch. Dist. (1960) 187 Cal.App.2d 418, 421.) Los Angeles Superior Court (LASC) Local Rule 3.3(g)(1) further directs that consolidation cannot occur until “[a] motion to consolidate two or more cases [is] 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.”  

Under California Rules of Court (CRC), rule 3.350(a)(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 non-represented parties in all of the cases sought to be consolidated; and (C) Must have a proof of service filed as part of the motion. Under Rule 3.350(b), “[u]nless otherwise provided in the order granting the motion to consolidate, the lowest numbered case in the consolidated case in the lead case.” 

Analysis

Plaintiff State Farm General Insurance Co. moves for an order consolidating this action with the matter of Bardi, et al. v. Southwire Company, LLC, et al., Case No. 24SMCV01473.

Plaintiff’s motion does not meet the basic procedural requirements for consolidation. First and foremost, these actions have not been related or assigned to the same department. The notice of motion does not list all named parties in each case, the names of those who have appeared, or the names of their respective attorneys of record. The caption does not include all the cases sought to be consolidated, with the lowest numbered case shown first. State Farm only filed this motion in this later action, and did not file anything in the earlier action. Accordingly, the motion is DENIED.