Judge: Michelle C. Kim, Case: 21STCV33424, Date: 2024-01-25 Tentative Ruling

Case Number: 21STCV33424    Hearing Date: January 25, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ANTONIO MARTINS, 

Plaintiff(s),  

vs. 

 

HOWARD LONG, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV33424 

 

[TENTATIVE] ORDER DENYING MOTION TO DEEM CASES RELATED WITH PREJUDICE  

 

Dept. 31 

1:30 p.m.  

January 25, 2024 

 

Non-Party Gibran C. Lee (“Lee”), who is a named defendant to Case No. 22STCV13942, seeks an order consolidating this action, Case No. 21STCV33424, with Case No. 22STCV13942, contending the two actions arise from two automobile accidents with overlapping injuries to Plaintiff, because the first accident occurred on September 30, 2019, and the second occurred on July 10, 2020.  

 

Defendants Howard Long and Long Odyssey, Inc. (“Long Defendants”) oppose the motion and object to the declarations filed by Lee.  

 

As the Long Defendants indicate, the Court already denied the request to relate Case No. 21STCV33424 with Case No. 22STCV13942 on July 12, 2022 and on August 29, 2023. The two cases arise from separate automobile accidents occurring nearly one year apart from each other, at different locations, and do not warrant relating the two. Even if the Court were to consider Lee’s arguments that Plaintiff sustained similar injuries in both accidents with overlapping treatments, each automobile accident is an independent action involving different parties, witnesses, and circumstances of the incident. (CRC, Rule 3.300.)  Further, the Court notes the proximity of the trial date in the instant action, currently set for March 12, 2024. Based on the foregoing, the request to deem the two cases related is denied with prejudice. 

 

Lastly, Case No. 22STCV13942 is pending in Department 27 of Spring Street Courthouse. Because Local Rule 3.3(g)(1) requires cases to be related before being consolidated, the Court need not reach the request to consolidate when the Court has already denied the request to deem Case No. 21STCV33424 and Case No. 22STCV13942 related.       

 

Moving party 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 24th day of January 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court