Judge: Michelle C. Kim, Case: 22STCV29932, Date: 2024-06-06 Tentative Ruling

Case Number: 22STCV29932    Hearing Date: June 6, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

SHERMANN KEITH GUIANG, 

Plaintiff(s),  

vs. 

 

NEIL PIO FERNANDES, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV29932 (R/T 22STCV30845, 22STCV30912) 

 

[TENTATIVE] ORDER DENYING MOTION TO CONSOLIDATE WITHOUT PREJUDICE  

 

Dept. 31 

1:30 p.m.  

June 6, 2024 

 

Defendant Neil Pio Fernandes (“Defendant”) seeks an order consolidating this action 22STCV29932 with 22STCV30845 and 22STCV30912, contending the three actions involve common questions of law and fact because they arise from the same automobile accident on September 22, 2020. The three cases were deemed related and were pending in Department 30. (Min. Order, May 2, 2024.) Due to Department 30’s closure, the cases are now pending in Department 31. 

 

However, the motion does not comply with California Rules of Court, 3.350, which requires a copy of the notice of motion to be filed 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 not filed in 22STCV30845 and 22STCV30912. The denial is without prejudice to Defendant refiling the motion after complying with all Rules of Court. 

 

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 5th day of June 2024 

 

  

 

 

Hon. Michelle Kim 

Judge of the Superior Court