Judge: Michael E. Whitaker, Case: 20STCV42482, Date: 2022-08-01 Tentative Ruling

Case Number: 20STCV42482    Hearing Date: August 1, 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

 

DEPARTMENT

32

HEARING DATE

August 1, 2022

CASE NUMBER

20STCV42482 - Related to Case No. 21STCV44593

MOTION

Motion to Consolidate

MOVING PARTY

Defendant Uber Technologies, Inc.

OPPOSING PARTY

None

 

MOTION

 

            Defendant Uber Technologies, Inc. moves to consolidate Redington  v. Uber Technologies, Inc., et al. (Super. Ct. L.A. County, 2020, No. 20STCV42482) with Hernandez v. Uber Technologies, Inc., et al. (Super. Ct. L.A. County, 2021, No. 21STCV44593) for all purposes.  The motion is unopposed.

           

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 motor vehicle collision.

 

CONCLUSION AND ORDER

 

Therefore, the Court grants Defendant’s motion to consolidate Redington  v. Uber Technologies, Inc., et al. (Super. Ct. L.A. County, 2020, No. 20STCV42482) with Hernandez v. Uber Technologies, Inc., et al. (Super. Ct. L.A. County, 2021, No. 21STCV44593). 

 

The Court further orders that the cases are consolidated for all purposes and Redington  v. Uber Technologies, Inc., et al. (Super. Ct. L.A. County, 2020, No. 20STCV42482) is designated as the lead case per California Rules of Court, rule 3.350(b).  The Court further orders that all hearing dates in Hernandez v. Uber Technologies, Inc., et al. (Super. Ct. L.A. County, 2021, No. 21STCV44593) are vacated.

 

            Defendant shall provide notice of the Court’s ruling and file a proof of service regarding the same.