Judge: Michael E. Whitaker, Case: 23SMCV05635, Date: 2024-10-23 Tentative Ruling

Case Number: 23SMCV05635    Hearing Date: October 23, 2024    Dept: 207

TENTATIVE RULING

MOTION

On December 1, 2023, Plaintiff Daved Amer (“Plaintiff”) filed suit against Defendant Dennis Kyle Hogan (“Defendant”) alleging a single cause of action for negligence (Motor Vehicle) stemming from an automobile collision that occurred on June 8, 2022.  This suit is designated as 23SMCV05635. 

On May 20, 2024, Plaintiffs Ofelia Portillo, Cesar Delgado, and Allison Delgado against Defendant Kyle Hogan (“Defendant”) alleging a single cause of action for negligence (Motor Vehicle) stemming from the same automobile collision that occurred on June 8, 2022.  This suit is designated as 24SMCV02384. 

On May 31, 2024, the Court related 23SMCV05635 and 24SMCV02384; both actions are assigned to Department 207. 

Defendant now moves to consolidate the actions for trial only.  Defendant’s motion is unopposed.

ANALYSIS

Procedural Requirements

            Per The Superior Court of Los Angeles County, Local Rules, rule 3.3(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 “involve[e] a common question of law or fact.”  (Code Civ. Proc., § 1048, subd. (a).)

            Both cases were related on May 31, 2024, and are currently pending before the same department.  Therefore, there are no procedural hurdles to consolidation.

            Substantive Requirements

Code of Civil Procedure section 1048, subdivision (a) provides:

When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

            Both cases involve the same three-way vehicle collision and the same causes of action alleged against the same Defendant.  Thus, there will inevitably be common questions of law and fact.  Accordingly, the Court finds that consolidation is warranted.

CONCLUSION AND ORDER

Therefore, the Court grants Defendant’s unopposed motion to consolidate Portillo v. Hogan (Super. Ct. L.A. County, 2024 No. 24SMCV02384) with Amer v. Hogan (Super. Ct. L.A. County, 2023 No. 23SMCV05635).

The Court further orders that the cases are consolidated for trial only and Amer v. Hogan (Super. Ct. L.A. County, 2023 No. 23SMCV05635) 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 Portillo v. Hogan (Super. Ct. L.A. County, 2024 No. 24SMCV02384) are vacated.

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

DATED:  October 23, 2024                                                   ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court