Judge: Michael E. Whitaker, Case: 22STCV03660, Date: 2023-05-15 Tentative Ruling

Case Number: 22STCV03660    Hearing Date: May 15, 2023    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

            Defendants Mediwaste Disposal LLC and Gene Leonard Santy (collectively, Defendants) move to consolidate Mellanie Melkonian v. Mediwaste Disposal, et al. (Super. Ct. L.A. County, 2022, No. 22STCV03660) with Melvin Leiva v. Mellanie Melkonian, et al. (Super. Ct. L.A. County, 2022, No. 22STLC04740) for purposes of trial and discovery.  The motion is unopposed.

            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).) 

            Here, the Court has not related Mellanie Melkonian v. Mediwaste Disposal, et al. (Super. Ct. L.A. County, 2022, No. 22STCV03660) with Melvin Leiva v. Mellanie Melkonian, et al. (Super. Ct. L.A. County, 2022, No. 22STLC04740), and both actions are not pending in Department 32. 

            Further, the Court finds that Defendants have not filed a notice of the instant motion to be consolidated in Melvin Leiva v. Mellanie Melkonian, et al. (Super. Ct. L.A. County, 2022, No. 22STLC04740).  (Cal. Rules of Court, rule 3.350, subd. (a)(1)(C).) 

            Accordingly, the Court denies the motion for consolidation as procedurally defective.  Defendants shall provide notice of the Court’s ruling and file a proof of service of such.