Judge: Nathan Vu, Case: 2021-01204468, Date: 2022-12-12 Tentative Ruling

Please Note: The hearing on this matter is scheduled for 8:30 A.M.

Motion to Consolidate

Plaintiff Charis Blackburn’s motion to consolidate is CONTINUED to 02/21/2023 at 8:30 am in Department N15.

Plaintiff Charis Blackburn shall serve and file a code-compliant amended notice of motion in this case and the related case, no later than sixteen (16) court days before the continued hearing date.

Defendants Mission Hills Investment Co., Arker, Inc., and Arnel Management Company shall file a code-compliant opposition in this case, no later than nine (9) court days before the continued hearing date.

Plaintiff Charis Blackburn moves to consolidate this case with related case Blackburn v. Mission Hills Investment Co., Case No. 30-2021-01248341.

“When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc., § 1048, subd. (a).)

The California Rules of Court sets forth the requirements for the notice of the motion to consolidate and the motion to consolidate:

(1) A notice of motion to consolidate must:

(A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record;

(B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and

(C) Be filed in each case sought to be consolidated.

(2) The motion to consolidate:

(A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case;

(B) Must be served on all attorneys of record and all nonrepresented parties in all of the cases sought to be consolidated; and

(C) Must have a proof of service filed as part of the motion.

(Cal. Rules of Court, rule 3.350, subd. (a).)

Plaintiff failed to comply with the requirements of Rule 3.350(a)(1). The notice of motion does not list all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record. In addition, Plaintiff failed to file the notice of motion in the related matter.

Further, Defendants Mission Hills Investment Co., Arker, Inc., and Arnel Management Company filed their opposition only in the related case, and not this case.

Plaintiff shall give notice of this ruling.