Judge: Robert C. Longstreth, Case: 37-2022-00002428-CU-PL-CTL, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 27, 2024

06/28/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Product Liability Motion Hearing (Civil) 37-2022-00002428-CU-PL-CTL PANOS VS MUCKLER [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant/Cross-Defendant Ford Motor Company's ('Ford's') Motion to Consolidate Related Actions (ROA 125) is GRANTED.

Ford seeks to consolidate Case No. 37-2023-00008325, Hernandez v. Muckler, with this action. Plaintiff Panos has not opposed consolidation; Plaintiff Hernandez does oppose consolidation. Plaintiff Hernandez asserts that her case is a simple one in which the Mucklers have 'essentially' admitted liability and in which no products liability claims are being asserted. The evidence Hernandez relies on indicates otherwise. (Iagmin Decl. at Exh.1.) Specifically, Jade Muckler's written discovery response states: 'I applied pressure to my brakes and the car continued downhill picking up speed instead of slowing down with my brake pedal on the floor.' (Id. at 38:21-23.) The response underscores that issues relating to Ford's potential liability are common to both actions.

The court finds there are common questions of law and fact between the two actions and thus that there is good cause to order consolidation for all purposes. (Code Civ. Proc. § 1048(a).) Both actions arise out of the same motor vehicle incident. Plaintiffs in both the Panos and Hernandez action assert that the Muckler Defendants are liable for their injuries and damages arising out of the incident, and the Mucklers assert indemnity claims against Ford in both actions. Accordingly, consolidation of the two actions promotes judicial economy. Moreover, there is no prejudice to Hernandez. The trial date is nearly a year away, and as Ford acknowledges in its moving papers, Hernandez retains her right to conduct any discovery related to her claims, including any written discovery and an inspection of the subject vehicle.

Case No. 37-2023-00008325, Hernandez v. Muckler, is ordered consolidated with this action and this

action, Case No. 37-2022-00002428, Panos v. Muckler, shall be the lead case.

Any hearings currently set in the Hernandez matter are ordered vacated. The parties may contact Department 65's calendar clerk to re-set any motions or other hearing dates.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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