Judge: Michelle C. Kim, Case: 22STCV07229, Date: 2024-04-05 Tentative Ruling


Case Number: 22STCV07229    Hearing Date: April 5, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

RAMONA M., 

Plaintiff(s), 

vs. 

 

A & A WEST COAST DISTRIBUTION INC., ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV07229 (R/T 22STCV15350, 23CHCV02375) 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO CONSOLIDATE 

 

Dept. 31 

1:30 p.m. 

April 5, 2024 

 

I. BACKGROUND 

Defendant A & A West Coast Distribution Inc. (“A & A”) moves to consolidate this action, 22STCV07229, with 22STCV15350 and 23CHCV0237 on the grounds that all three arise out of the same motor vehicle accident, which occurred on westbound State Route-118 freeway on January 24, 2022. The cases have been deemed related and are pending in Dept. 31, with 22STCV07229 as the lead case.  (Min. Order, March 6, 2024.)   

Any opposition was on or before March 22, 2024; no parties oppose the motion. The Court’s records show that the notice of motion was filed in 22STCV15350 and 23CHCV02375. A & A therefore has 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).)¿ 

  

II. MOTION TO CONSOLIDATE 

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 three 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.   

 

Trial is set for June 3, 2024 in lead case 22STCV07229. Additionally, trial is set for June 12, 2024 in 22STCV15350, and there is a trial setting conference for 23CHCV02375. 

 

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 22STCV15350 and 23CHCV02375 are vacated.  The parties must reschedule any hearings in 22STCV15350 and 23CHCV02375 for hearing in 22STCV07229.  All future papers must be filed in 22STCV07229 only and all future hearings must be scheduled in 22STCV07229 only. 

 

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 4th day of April 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court