Judge: Richard S. Whitney, Case: 37-2023-00008699-CU-PO-CTL, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 01, 2024

02/02/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00008699-CU-PO-CTL LIPSCOMB VS BOARS CROSSN INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: A.Y.I, INC., a California Corporation dba COYOTE BAR & GRILL'S UNOPPOSED MOTION TO CONSOLIDATE CASES is GRANTED.

Failure to file opposition to the motion indicates the other parties' acquiescence that the motion is meritorious. (L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) Plaintiffs Darwin Lipscomb and Francisco Alvarez III filed a notice of non-opposition. The Court finds there are common questions of fact or law such that the cases should be consolidated under CCP section 1048. The motion is granted. The matters should be moved to this Court where the first case was filed. (See California Union Ins. Co. v. Trinity River Land Co. (1980) 105 Cal.App.3d 104, 109.) The motion is granted and consolidation of the actions for all purposes in Department 68 is hereby ordered.

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