Judge: Ralph C. Hofer, Case: 22STCV13502, Date: 2023-09-15 Tentative Ruling
Case Number: 22STCV13502 Hearing Date: September 15, 2023 Dept: D
TENTATIVE RULING
Calendar: 8
Date: 09/15/23
Case No: 22 STCV13502 Trial Date: None set.
Case Name: Angelina Selvera v. Luis Gerardo
MOTION TO CONSOLIDATE
Moving Party: Defendants Luis Gerardo Leon and Sarah Leon
Responding Party: Angelina Selvera [No opposition]
RELIEF REQUESTED:
Consolidate cases that arise from the same accident.
CAUSES OF ACTION: from Complaint
1) Motor Vehicle Negligence; and
2) Negligence.
SUMMARY OF FACTS:
This matter arises from an accident that took place on the I-5 involving several motor vehicles on January 25, 2021, and which involved Plaintiff Angelina Selvera and Defendants Luis Gerardo Leon, Edgar Campos-Flores, and Thai Quang Le.
ANALYSIS:
Per Local Rule 3.3, subdivision (g), “Cases 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.” (Super. Ct. L.A. County, Local Rules, rule 3.3(g)(1).) Once the Court relates the cases, the Court may consolidate the actions and order a joint trial on matters that “involv[e] a common question of law or fact.”? (Code Civ. Proc., §1048 (a).)
Defendant Luis Gerardo Leon and Cross-Defendant Sarah Leon (hereinafter “Moving Parties”) move the Court to consolidate this case, Thai Quang Le v. Edgar Campos-Flores, et al. (LASC Case No. 22BBCV00766), and Christy Elaine Holmes v. Edgar Campos-Flores, et al. (LASC Case No. 22STCV19235) (collectively the “Cases”) for all purposes.
On March 16, 2023, the Court found that the Cases were related. The Cases are also pending before the Court. The Court finds consolidation is warranted as the Cases present common issues of fact regarding the same underlying motor vehicle accident.
There is no opposition to the Motion.
Thus, Moving Parties Motion to Consolidate the Cases is GRANTED. The Court further Orders that Angelina Selvera v. Luis Gerardo (LASC Case No. 22STCV13502) is designated as the lead case per California Rules of Court, Rule 3.350(b). All hearing dates in Thai Quang Le v. Edgar Campos-Flores, et al. (LASC Case No. 22BBCV00766) and Christy Elaine Holmes v. Edgar Campos-Flores, et al. (LASC Case No. 22STCV19235) are vacated.
RULING:
Moving Parties Motion to Consolidate the Cases is GRANTED. The Court further Orders that Angelina Selvera v. Luis Gerardo (LASC Case No. 22STCV13502) is designated as the lead case per California Rules of Court, Rule 3.350(b). All hearing dates in Thai Quang Le v. Edgar Campos-Flores, et al. (LASC Case No. 22BBCV00766) and Christy Elaine Holmes v. Edgar Campos-Flores, et al. (LASC Case No. 22STCV19235) are vacated.
DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE
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