Judge: Michelle C. Kim, Case: 21STCV29069, Date: 2023-09-11 Tentative Ruling

Case Number: 21STCV29069    Hearing Date: September 11, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ROSENDO MENDOZA, 

Plaintiff(s), 

vs. 

 

EDITH ZELON ESTRADA, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV29069 (R/T 21STCV29681) 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO CONSOLIDATE 

 

Dept. 31 

1:30 p.m. 

September 11, 2023 

 

I. Background 

21STCV29069 and 21STCV29681 arise out of the same motor vehicle accident, which occurred at or near the intersection of Jefferson and Inglewood Blvd. on August 13, 2019The two cases have been deemed related and are pending in Dept. 31, with 21STCV29069 as the lead case(Min. Order, May 2, 2023.)   

 

Defendant Edith Zelon Estrada (“Estrada”) moves to consolidate the two actionsNo parties oppose the motion. Defendant Estrada properly filed a copy of the notice of motion in each case sought to be consolidated.¿ (Cal. Rules of Court, rule 3.350(a)(1)(C).)¿ The Court’s records show that the notice of motion was filed in 21STCV29681. 

  

II. Legal Standard 

CCP § 1048 grants discretion to the trial courts to consolidate actions involving common questions of law or fact.  A consolidation of actions does not affect the rights of the parties.  The purpose of consolidation is to avoid unnecessary costs or delay, avoid duplication of procedure, particularly in the proof of issues common to both actions, and avoid inconsistent results by hearing and deciding common issues together.  (See Estate of Baker (1982) 131 Cal.App.3d 471, 485.)  Each case presents its own facts and circumstances, but the court generally considers the following: (1) timeliness of the motion: i.e., whether granting consolidation would delay the trial of any of the cases involved; (2) complexity: i.e., whether joining the actions involved would make the trial too confusing or complex for a jury; and (3) prejudice: i.e, whether consolidation would adversely affect the rights of any party. (See State Farm Mut. Auto. Ins. Co. v. Superior Court (1956) 47 Cal.2d 428, 430–431.)   

 

Here, because the two actions arise out of the same automobile accident, and because no party opposes the motion, the Court finds consolidation is in the interest of justice and GRANTS the motion.   

 

Neither 21STCV29069 or 21STCV29681 have trial dates set. There is a trial setting conference for on September 8, 2023 for lead case 21STCV29069 

 

The court sets the consolidated cases for trial on ___________________, at 8:30 a.m. in Dept. 31.  The FSC in the consolidated cases is set for ________________, at 10:00 a.m. in Dept. 31.  All hearing dates in 21STCV29681 are vacated.  The parties must reschedule any hearings in 21STCV29681 for hearing in 21STCV29069.  All future papers must be filed in 21STCV29069 only and all future hearings must be scheduled in 21STCV29069 only. 

 

Moving Defendant is ordered to give notice. 

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 8th day of September 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court