Judge: Peter A. Hernandez, Case: 22STCV08818, Date: 2023-11-15 Tentative Ruling
Case Number: 22STCV08818 Hearing Date: March 7, 2024 Dept: K
Defendants Angel Jesus Aragon and Bob’s Towing Services
and Recovery Inc.’s Motion to Consolidate Related Cases is DENIED without
prejudice.
Background[1]
Case No. 22STCV02707
On April 26, 2023, the above cases were transferred from Department 27 of the Personal Injury Court to Department L (and subsequently to the instant department).
On August 2, 2023, the above cases were
reassigned, effective August 14, 2023, to Judge Gridiron Winston in Department
6, West Covina Courthouse. On November 2, 2023, the above cases were
reassigned, effective November 2, 2023, back to the instant department.
A Status Conference of Complex and Related Cases is set for November 15, 2023.
Plaintiff Corey Jay Milliner (“C. Milliner”) alleges as follows: Plaintiff’s son, Ryan Milliner (“Ryan”), was killed in the subject accident.
On March 11, 2022, Plaintiff filed a complaint, asserting causes of action against Aragon, Bob’s BTS, Zhang, David Daniel Watkins (“D. Watkins”) and Does 1-50 for:
1.
Negligence
2.
Continuation of Decedent’s Cause of Action (Survival
Action)
3.
Wrongful Death
On May 11, 2022, D. Watkins filed a cross-complaint, asserting causes of action against Aragon, BTS, Zhang and Roes 1-50 for:
1.
Indemnification
2.
Apportionment of Fault
3.
Declaratory Relief
4.
Motor Vehicle
On July 19, 2022, Zhang filed a cross-complaint, asserting causes of action against Aragon, BTS, D. Watkins and Roes 1-25 for:
1.
Indemnification
2.
Apportionment of Fault
3.
Declaratory Relief
On December 19, 2022, the court related Case Nos. 22STCV02707, 22STCV08818, 22STCV10726, 22STCV12485, 22STCV12608, 22STCV12787, 22STCV13620, 22STCV15084 and 22STCV16434 and designated Case No. 22STCV02707 as the lead case.
On April 26, 2023, the above cases were transferred from Department 27 of the Personal Injury Court to Department L (and subsequently to the instant department).
On August 2, 2023, the above cases were reassigned, effective August 14, 2023, to Judge Gridiron Winston in Department 6, West Covina Courthouse. On November 2, 2023, the above cases were reassigned, effective November 2, 2023, back to the instant department.
A Status Conference of Complex and Related Cases is set for November 15, 2023.
Case No. 22STCV10726
Plaintiffs Juan Liu (“J. Liu”), Li He and William Liu, a minor by and through his Guardian Ad Litem Juan Liu (collectively, “Plaintiffs”) allege as follows: Plaintiffs sustained damages in the subject accident.
On October 14, 2022, Plaintiffs filed a First Amended Complaint, asserting a cause of action against Aragon, BTS and Does 1-50 for:
1.
Motor Vehicle
On December 19, 2022, the court related Case Nos. 22STCV02707, 22STCV08818, 22STCV10726, 22STCV12485, 22STCV12608, 22STCV12787, 22STCV13620, 22STCV15084 and 22STCV16434 and designated Case No. 22STCV02707 as the lead case.
On April 26,
2023, the above cases were transferred
from Department 27 of the Personal Injury Court to Department L (and
subsequently to the instant department).
On August 2, 2023, the above cases were
reassigned, effective August 14, 2023, to Judge Gridiron Winston in Department
6, West Covina Courthouse. On November 2, 2023, the above cases were
reassigned, effective November 2, 2023, back to the instant department.
A
Status Conference of Complex and Related Cases is set for November 15, 2023.
Case No. 22STCV12485
Plaintiffs C. Jeffery, Ryan, deceased, by his personal representative C. Jeffery, The Estate of Ryan Milliner by C. Jeffery, Erin Jeffery, Symonie Ricks, a minor and Ramiah Ricks, a minor by their guardian ad litem, Erin Jeffery (together, “Plaintiffs”) allege as follows: Plaintiffs sustained damages in the subject accident.
On April 13, 2022, Plaintiffs filed a complaint, asserting a cause of action against BTS, Aragon, D. Watkins, Zhang and Does 1-50 for:
1.
Motor Vehicle
On September 28, 2022, D. Watkins filed a cross-complaint, asserting causes of action against BTS, Aragon, Zhang and Roes 1-100 for:
1.
Indemnification
2.
Apportionment of Fault
3.
Declaratory Relief
On December 19, 2022, the court related Case Nos. 22STCV02707, 22STCV08818, 22STCV10726, 22STCV12485, 22STCV12608, 22STCV12787, 22STCV13620, 22STCV15084 and 22STCV16434 and designated Case No. 22STCV02707 as the lead case.
On April 26, 2023, the above cases were transferred from Department 27 of the Personal Injury Court to Department L (and subsequently to the instant department).
On August 2, 2023, the above cases were reassigned, effective August 14, 2023, to Judge Gridiron Winston in Department 6, West Covina Courthouse. On November 2, 2023, the above cases were reassigned, effective November 2, 2023, back to the instant department.
A Status Conference of Complex and Related Cases is set for November 15, 2023.
Case No. 22STCV12608
Plaintiff Rafael Ramirez (“Ramirez”) alleges as follows: Ramirez sustained damages in the subject accident.
On April 14, 2022, Ramirez filed a complaint, asserting a cause of action against BTS, Safeway Towing Service, Inc. (“Safeway”), Aragon and Does 1-30 for:
1.
Motor Vehicle
On December 19, 2022, the court related Case Nos. 22STCV02707, 22STCV08818, 22STCV10726, 22STCV12485, 22STCV12608, 22STCV12787, 22STCV13620, 22STCV15084 and 22STCV16434 and designated Case No. 22STCV02707 as the lead case.
On April 26, 2023, the above cases were transferred from Department 27 of the Personal Injury Court to Department L (and subsequently to the instant department).
On August 2, 2023, the above cases were reassigned, effective August 14, 2023, to Judge Gridiron Winston in Department 6, West Covina Courthouse. On November 2, 2023, the above cases were reassigned, effective November 2, 2023, back to the instant department.
A Status Conference of Complex and Related Cases is set for November 15, 2023.
Case No. 22STCV12787
Plaintiffs D. Watkins and William Watkins (“W. Watkins”) (together, “Plaintiffs”) allege as follows: Plaintiff sustained damages in the subject accident.
On April 15, 2022, Plaintiffs filed a complaint, asserting causes of action against Aragon, BTS, Zhang, Maria Garcia, Maria D. Garcia Martinez (“Garcia Martinez”), Erick Contreras, Ramirez, Veronica Ulloa, Jose Luis Rodriguez (“J. Rodriguez”), Karina Rodriguez (“K. Rodriguez”), Junying Fu (“Fu”), Qing Hong Li, J. Liu, Changyong Wang, Jeffery, Ean Holdings and Does 1-25 or:
1.
Motor Vehicle
2.
General Negligence
On December 19, 2022, the court related Case Nos. 22STCV02707, 22STCV08818, 22STCV10726, 22STCV12485, 22STCV12608, 22STCV12787, 22STCV13620, 22STCV15084 and 22STCV16434 and designated Case No. 22STCV02707 as the lead case.
On March 29, 2023, J. Rodriguez and K. Rodriguez filed a cross-complaint, asserting a cause of action against Aragon, BTS and Roes 1-30 for:
1.
Declaratory Relief and Comparative Indemnity
On April 26, 2023, the above cases were transferred from Department 27 of the Personal Injury Court to Department L (and subsequently to the instant department).
On August 2, 2023, the above cases were reassigned, effective August 14, 2023, to Judge Gridiron Winston in Department 6, West Covina Courthouse. On November 2, 2023, the above cases were reassigned, effective November 2, 2023, back to the instant department.
On August 29, 2023, Plaintiffs dismissed J. Rodriguez and K. Rodriguez, without prejudice.
A Status Conference of Complex and Related Cases is set for November 15, 2023.
Case No. 22STCV13620
Fu alleges as follows: Fu sustained damages in the subject accident.
On April 25, 2022, Fu filed a complaint, asserting a cause of action against Aragon, BTS and Does 1-25 for:
1.
Motor Vehicle
On December 19, 2022, the court related Case Nos. 22STCV02707, 22STCV08818, 22STCV10726, 22STCV12485, 22STCV12608, 22STCV12787, 22STCV13620, 22STCV15084 and 22STCV16434 and designated Case No. 22STCV02707 as the lead case.
On April 26, 2023, the above cases were transferred from Department 27 of the Personal Injury Court to Department L (and subsequently to the instant department).
On August 2, 2023, the above cases were
reassigned, effective August 14, 2023, to Judge Gridiron Winston in Department
6, West Covina Courthouse. On November 2, 2023, the above cases were
reassigned, effective November 2, 2023, back to the instant department.
A Status Conference of Complex and Related Cases is set for November 15, 2023.
Case No. 22STCV15084
Garcia Martinez alleges as follows: Garcia Martinez sustained damages in the subject accident.
On May 6, 2022, Garcia Martinez filed a complaint, asserting causes of action against Aragon, Bandar Khaled Al Badawi, Omaymah El Kurdi, BTS, Safeway and Does 1-30 for:
1.
Negligence
2.
Negligence Per Se
3.
Vicarious Liability
4.
Negligent Hiring/Retention
5.
Single-Enterprise Liability
6.
Alter Ego
On December 19, 2022, the court related Case Nos. 22STCV02707, 22STCV08818, 22STCV10726, 22STCV12485, 22STCV12608, 22STCV12787, 22STCV13620, 22STCV15084 and 22STCV16434 and designated Case No. 22STCV02707 as the lead case.
On April 26, 2023, the above cases were transferred from Department 27 of the Personal Injury Court to Department L (and subsequently to the instant department).
On August 2, 2023, the above cases were
reassigned, effective August 14, 2023, to Judge Gridiron Winston in Department
6, West Covina Courthouse. On November 2, 2023, the above cases were
reassigned, effective November 2, 2023, back to the instant department.
A Status Conference of Complex and Related Cases is set for November 15, 2023.
Case No. 22STCV16434
J. Rodriguez alleges as follows: J. Rodriguez sustained damages in the subject accident.
On May 18, 2022, J. Rodriguez filed a complaint, asserting a cause of action against Aragon, BTS and Does 1-10 for:
1.
Motor Vehicle
On December 19, 2022, the court related Case Nos. 22STCV02707, 22STCV08818, 22STCV10726, 22STCV12485, 22STCV12608, 22STCV12787, 22STCV13620, 22STCV15084 and 22STCV16434 and designated Case No. 22STCV02707 as the lead case.
On April 26, 2023, the above cases were transferred from Department 27 of the Personal Injury Court to Department L (and subsequently to the instant department).
On August 2, 2023, the above cases were reassigned, effective August 14, 2023, to Judge Gridiron Winston in Department 6, West Covina Courthouse. On November 2, 2023, the above cases were reassigned, effective November 2, 2023, back to the instant department.
A Status Conference of Complex and Related Cases is set for November 15, 2023.
Discussion
Aragon and BTS move the court for an order consolidating Case Nos. 22STCV02707, 22STCV08818, 22STCV10726, 22STCV12485, 22STCV12608, 22STCV12787, 22STCV13620, 22STCV15084 and 22STCV16434 for all purposes, including trial.
The motion is denied without prejudice, based upon the notice deficiency set forth in the above footnote.
Any re-filing of the instant motion must comply with California Rules of Court rule 3.350, subdivision (a)(1)(C).
[1] The
motion was filed (and electronically served) on March 27, 2023 and originally
set for hearing on October 11, 2023. Again, on April 26, 2023, the above cases
were transferred from Department 27 of
the Personal Injury Court to Department L (and subsequently to the instant
department). On June 6, 2023, moving defendants filed (and electronically
served) a “Notice of Continuance of Defendants’ Motion to Consolidate,”
advising therein that the October 11, 2023 hearing date had been continued to
November 15, 2023. On August 2, 2023, the above cases were reassigned,
effective August 14, 2023, to Judge Gridiron Winston in Department 6, West
Covina Courthouse.
On October 4,
2023, moving defendants filed (and electronically served) an “Amended Notice of
Defendants’ Motion to Consolidate,” advising therein that the November 15, 2023
hearing on the instant motion would now take place in Department 6 in West
Covina. On November 2, 2023, a “Notice of Case Reassignment and Order for
Plaintiff to Give Notice (Dates Remain)” was filed, wherein C. Milliner was
instructed to give notice that the instant case had been reassigned to
Department K and that all matters on calendar would remain set on the dates
previously noticed but now in Department K. There is no indication on ecourt (i.e.,
as of March 5, 2024) that C. Milliner ever provided notice as instructed. Further, moving defendants’
counsel, Lisa Louise Renaud (“Renaud”), was listed on the proof of service
accompanying the November 2, 2023 notice; however, it does not appear that
Renaud gave notice to the parties of the change in location on the instant
motion.
The court’s November
15, 2023 minute order states, in relevant part, that “Court and Counsel confer
regarding the Stipulation to Consolidate the above named cases, indicating the
Court will not sign a Stipulation until all outstanding defendants in all cases
are served or dismissed. Counsel indicate all parties have been served in this
case.” On that date, the hearing on the motion was continued to March 7, 2024
and notice was waived. The minute order, however, reflects appearances only by
“Sutton Adam Shapiro Appearing via LA
CourtConnect,” “Julie Romersa, appearing for Bob's Towing and Recovery Service
via LA CourtConnect,” “Stephen Charles Pasarow Appearing by Katherine L.
Curtis, via LA CourtConnect” and “Robert Reisinger Appearing by Glenn Goldby,
via LA CourtConnect.” It is unclear whether certain counsel (including Donald
Dunham, Esq., Elia Castranova, Rickey Ivie, San Nordean, John Flock, Kenechi
Agu , James Wang, Patrick McCarthy, Janet Cervantes and Dimitri N. Chtyrev [all
identified in the notice of motion] failed to appear due to the notice
deficiency noted above.
As an aside, on November 14, 2023, a
“Stipulation Re Consolidation of Actions; [Proposed] Order” was filed in Case
No. 22STCV02707; however, it does not appear that attorney Janet Cervantes
(identified in the notice of motion as counsel for Bandar Khaled Al Badawi and
Omaymah El Kurdi in Case No. 22STCV15084) was included on same.