Judge: Michael E. Whitaker, Case: 20STCV32106, Date: 2022-12-13 Tentative Ruling

Case Number: 20STCV32106    Hearing Date: December 13, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Plaintiffs Anthony McAdam and Clariza McAdam (collectively, Plaintiffs) move to consolidate McAdam  v. Viceroy Hotel Management, LLC, et al. (Super. Ct. L.A. County, 2020, No. 20STCV32106) with McAdam  v. VHG Beverly Hills, LLC, et al. (Super. Ct. L.A. County, 2021, No. 21STCV46629) for all purposes.  Plaintiffs also move to continue trial for Case No. 20STCV32106 from February 1, 2023, to the trial date for Case No. 21STCV46629 on June 21, 2023.  The motion is unopposed.  Defendant Viceroy Hotel Management, LLC files a notice of joinder to Plaintiffs’ motion to consolidate related actions and continue trial.

ANALYSIS

Per Local Rule 3.3, subdivision (g), “Cases may not be consolidated unless they are in the same department.  A motion to consolidate two or more cases may be 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.”  (Super. Ct. L.A. County, Local Rules, rule 3.3(g)(1).)  Once the Court relates the cases, the Court may consolidate the actions and order a joint trial on matters that “involv[e] a common question of law or fact.”  (Code Civ. Proc., §1048, subd. (a).) 

The Court has already related these cases, and both are pending in this department.  Consolidation is warranted as the cases present common issues of fact regarding the same underlying slip and fall incident.  Plaintiffs request a continuance of Case No. 20STCV32106 to the trial date of Case No. 21STCV46629 in order to streamline discovery and allow adequate time to conduct whatever discovery remains.  The Court finds this to be good cause for a trial continuance pursuant to California Rules of Court, rule 3.1332.

CONCLUSION AND ORDER

Therefore, the Court grants Plaintiffs’ motion to consolidate McAdam  v. Viceroy Hotel Management, LLC, et al. (Super. Ct. L.A. County, 2020, No. 20STCV32106) with McAdam  v. VHG Beverly Hills, LLC, et al. (Super. Ct. L.A. County, 2021, No. 21STCV46629) for all purposes. 

The Court further orders that the cases are consolidated for all purposes and McAdam  v. Viceroy Hotel Management, LLC, et al. (Super. Ct. L.A. County, 2020, No. 20STCV32106) is designated as the lead case per California Rules of Court, rule 3.350(b).  The Court further orders that all hearing dates and proceedings in McAdam  v. VHG Beverly Hills, LLC, et al. (Super. Ct. L.A. County, 2021, No. 21STCV46629) are vacated. 

Finally, the Court grants the motion to continue trial and related dates, and orders in the consolidated action as follows: 

• The trial date is set on June 21, 2023 at 8:30 AM in Department 32. 

   

• The Final Status Conference is set on June 7, 2023 at 10:00 AM in Department 32.  

   

• All discovery and pre-trial motion cut-off dates shall be based upon the trial date of June 21, 2023. 

   

• Per the Discovery Act, the parties shall meet and confer forthwith to schedule and complete all non-expert discovery and to prepare for the completion of expert discovery to obviate the need for a further continuance of the trial. 

• No further continuance of the trial absent sufficient good cause. 

   

  Plaintiffs shall provide notice of the Court’s orders and file a proof of service of such.