Judge: Melvin D. Sandvig, Case: 23CHCV00569, Date: 2024-10-15 Tentative Ruling

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Case Number: 23CHCV00569    Hearing Date: October 15, 2024    Dept: F47

Dept. F47

Date: 10/15/24                                                        TRIAL DATE: 1/27/25

Case #23CHCV00569

MOTION TO CONSOLIDATE

Motion filed on 8/2/24.

MOVING PARTY: Defendant Jorge Anibal Lopez Martinez

RESPONDING PARTY: Plaintiff Sandro D. Villalobos

RELIEF REQUESTED: An order consolidating this action with the case Jorge Anibel Lopez v. Sandro Douglas Villalobos Maldonado, et al. LASC Case No. 24VECV00592.

RULING:

SUMMARY OF FACTS & PROCEDURAL HISTORY

The instant case, Sandro D. Villalobos v. Jorge Anibal Lopez (23CHCV00569) and the case, Jorge Anibel Lopez v. Sandro Douglas Villalobos Maldonado, et al. (24VECV00592), pending in Department A of the Van Nuys Courthouse, arise out of the same automobile collision that occurred on 2/8/22 on the 118 Freeway.  The parties dispute liability. 

Sandro D. Villalobos filed the instant action on 2/27/23 and Jorge Anibel Lopez filed the action pending in the Van Nuys Courthouse on 2/8/24.  On 6/13/24 and 6/20/24, Jorge Anibel Lopez filed Notices of Related Case in this case.  Both notices were rejected because they included an incorrect case number for the Van Nuys case (24ECV00592 v. 24VECV0592).

On 8/2/24, Defendant Jorge Anibal Lopez Martinez filed and served the instant motion seeking an order consolidating this action with the case Jorge Anibel Lopez v. Sandro Douglas Villalobos Maldonado, et al. LASC Case No. 24VECV00592.  The proof of service attached to the motion indicates that it was served on Sandro D. Villalobos’ counsel, Javaheri & Yahoudai, by electronic transmission at the following email addresses: alex@jnylaw.com, aaron@jnylaw.com and teamab@jnylaw.com.  However, the email address of record for Villalobos’ counsel in eCourt is yosi@jnylaw.com.  No opposition or other response to the motion has been filed to cure the foregoing defect in notice. 

ANALYSIS

Since both cases arise out of the same occurrence and involve the same parties, consolidation appears to be appropriate.  See CCP 1048(a).  However, because the cases are pending in different departments, they must be related and transferred to the same department before they may be consolidated.  See LASC Local Rule 3.3(g)(1).  As noted above, there is also an issue with the service of the motion.

CONCLUSION

If Villalobos’ counsel appears and waives any defect in notice, the Court will relate the cases and thereafter grant the instant motion to consolidate. 

If not, the hearing will be continued so that the motion can be served on Villalobos’ counsel at the email address of record and an opposition can be filed, if desired.