Judge: Michael E. Whitaker, Case: 22STCV18140, Date: 2023-01-30 Tentative Ruling

Case Number: 22STCV18140    Hearing Date: January 30, 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

MOTION

            Defendant Walter R. Johnson (Defendant) moves to consolidate Jose Jimenez  v. Walter R. Johnson (Super. Ct. L.A. County, 2022, No. 22STCV18140) with Arnel Gacusan. V. Walter R. Johnson (Super. Ct. L.A. County, 2022, No. 22STCV19121) 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 Department 32.  Jose Jimenez  v. Walter R. Johnson  (Super. Ct. L.A. County, 2022, No. 22STCV18140) and Arnel Gacusan. v. Walter R. Johnson (Super. Ct. L.A. County, 2022, No. 22STCV19121) concern the same underlying incident, and thus, the Court finds that substantial overlap in the factual and legal issues exists, which supports consolidation.  Moreover, consolidation of the cases will permit the trier of fact to consider how the underlying incident occurred, and the proportionate share of liability for each party.

CONCLUSION AND ORDER

Therefore, the Court grants Defendant’s motion to consolidate Jose Jimenez  v. Walter R. Johnson.  (Super. Ct. L.A. County, 2022, No. 22STCV18140) with Arnel Gacusan. v. Walter R. Johnson (Super. Ct. L.A. County, 2022, No. 22STCV19121).

The Court further orders that the cases are consolidated for all purposes and Jose Jimenez  v. Walter R. Johnson (Super. Ct. L.A. County, 2022, No. 22STCV18140) is designated as the lead case per California Rules of Court, rule 3.350(b).  The Court further orders that all proceedings and hearing dates in Arnel Gacusan. V. Walter R. Johnson (Super. Ct. L.A. County, 2022, No. 22STCV19121) are vacated.

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