Judge: Michael E. Whitaker, Case: 21STCV22428, Date: 2022-12-08 Tentative Ruling

Case Number: 21STCV22428    Hearing Date: December 8, 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

            Plaintiff Todd Haroutunian (Plaintiff) moves to consolidate this case with Francisco Flores v. Todd Haroutunian, et al. (Super. Ct. L.A. County, 2021, No. 21STCV39154) for purposes of pre-trial discovery.  Neither Defendants Air Systems Inc. and Francisco Javier Flores, Plaintiff Francisco Flores, nor Defendant Daniel Simpson have filed oppositions to the motion.

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).)

As both this case and Francisco Flores v. Todd Haroutunian, et al. (Super. Ct. L.A. County, 2021, No. 21STCV39154) concern the same underlying vehicle collisions, substantial overlap in the factual and legal issues exists, which supports partial consolidation.  Partial consolidation of this case with Francisco Flores v. Todd Haroutunian, et al. (Super. Ct. L.A. County, 2021, No. 21STCV39154) will permit pretrial actions such as discovery to be handled together for convenience and judicial economy.

However, the Court has yet to relate the cases and assign them to the same department.  Francisco Flores v. Todd Haroutunian, et al. (Super. Ct. L.A. County, 2021, No. 21STCV39154) is currently assigned to Department 30.  The Court notes that a Notice of Related Case was rejected on February 2, 2022.

CONCLUSION AND ORDER

Therefore, Plaintiff’s motion to consolidate this case with Francisco Flores v. Todd Haroutunian, et al. (Super. Ct. L.A. County, 2021, No. 21STCV39154) is denied without prejudice as the two cases have not been related into a single department pursuant to Local Rule 3.3, subdivision (g).