SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

Plaintiff, Ruben Pozos filed this action against Defendant, Richard Dwight Sandow Jr. (“Defendant”) for damages arising out of an automobile accident occurring on or about June 3, 2022. The two cases have been deemed related and are pending in Department 31; 22STCV28585 was designated the lead case. (Min. Order, May 24, 2023; Nunc Pro Tunc Order, May 24, 2023.)   

 

Defendant now moves for an order consolidating this action, 22TRCV01251, with 22STCV28585, contending the two actions arise out of the same automobile accident and involve the same question of law and fact.  On January 19, 2024, Defendant filed a notice of non-opposition. The motion was previously denied without prejudice because Defendant did not file the notice of motion in 22STCV28585. (Min. Order, Oct. 26, 2023.) Since then, Defendant 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 now reflect that the notice of motion was filed in 22STCV28585.  

 

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 action, 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 on June 3, 2022 at the intersection of Manhattan Beach Blvd./Doty Ave., and because no party opposes the motion, the Court finds consolidation is in the interest of justice and GRANTS the motion.    

 

22STCV28585 (lead case) is currently set for trial on August 5, 2024, and has a Final Status Conference on calendar at 10:00 a.m. on July 18, 2024.  22TRCV01251 has no trial date, and thus the consolidated cases shall follow the trial date currently set for 22STCV28585.  All hearing dates in 22TRCV01251 are vacated. The parties must reschedule any hearings in 22TRCV01251 for hearing in 22STCV28585.  All future papers must be filed in 22STCV28585 only and all future hearings must be scheduled in 22STCV28585 only.