Judge: Peter A. Hernandez, Case: 24STCV01695, Date: 2025-04-24 Tentative Ruling

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Case Number: 24STCV01695    Hearing Date: April 24, 2025    Dept: 34

Plaintiff Hanna Kim’s Motion to Consolidate is DENIED.

Background

            On January 23, 2024, Plaintiff Hanna Kim (“Plaintiff”) filed a complaint against Defendants Megan Clifton and Sandra Clifton arising from a vehicle accident alleging a cause of action for motor vehicle negligence.

            On November 15, 2024, Defendant Megan Clifton filed an answer.

            On January 2, 2025, at the request of Plaintiff, the court dismissed Defendant Sandra Clifton with prejudice from the complaint.

            On March 7, 2025, Plaintiff filed this Motion to Consolidate. On April 11, 2025, Defendant Megan Clifton (“Defendant”) filed an opposition. On April 18, 2025, Tesla Insurance Services, Inc., specially appearing, filed an opposition.

Legal Standard

“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).)

“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.”

(Cal. Rules of Court, rule 3.350(a)(1)(A)–(C).)

“An order granting or denying all or part of a motion to consolidate must be filed in each case sought to be consolidated. . . .” (Cal. Rules of Court, rule 3.350(c).)

Under this court’s local rules, “[c]ases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.” (Cal. Rules of Court, rule 3.3(g)(1).)

Discussion

            Plaintiff seeks an order consolidating the instant action with her husband’s uninsured motorist action. (Motion, at pp. 3-4.) This case involves a vehicle collision that occurred on June 7, 2022, where Defendant collided with Plaintiff’s vehicle. (Ibid.) The second case involves a vehicle collision that occurred on February 4, 2024, where Plaintiff was a passenger in a vehicle driven by Plaintiff’s husband, Moon K. Jung. (Ibid.) Plaintiff contends her injuries from the two incidents overlap, such that consolidation of the two actions is appropriate. (Ibid.)

            The motion is denied without prejudice. Plaintiff provides no evidence that the cases have been deemed related. Plaintiff also fails to comply with Local Rule 3.350(a)(1)(A)–(C) by failing to provide the information required of each case. In fact, Plaintiff fails to provide the court with at least a case number for the uninsured motorist action. As Local Rule 3.3(g)(1) requires cases to be pending in the same department before being consolidated, the court cannot consolidate the cases here. Subsequently, the court does not see how these cases could be related when they each involve distinct parties and occurred almost two years apart.

Conclusion

Plaintiff Hanna Kim’s Motion to Consolidate is DENIED.