Judge: Robert P. Dahlquist, Case: 37-2023-00045495-CU-BC-NC, Date: 2023-12-18 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 14, 2023

12/18/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00045495-CU-BC-NC LORSER INDUSTRIES, INC VS BLUE HAT, LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Consolidate Cases, 11/29/2023

Plaintiff Lorser Industries, Inc.'s motion to consolidate actions (ROA # 28) is denied.

First, as a matter of procedure, under Rules 3.300 and 3.350, a request to transfer or consolidate cases is supposed to be directed to the judicial officer assigned to the lowest numbered case. In this instance, the lowest numbered case is 2023-43592, which is assigned to Judge Caietti. Therefore, any request to consolidate or transfer should be directed to Judge Caietti.

Second, assuming hypothetically that this department is the proper department to decide the issue, the court would deny the request to consolidate. This is primarily due to the fact that this current case does not appear to present an issue of title, and generally speaking, consolidation of an unlawful detainer case with another case is appropriate only where the other case raises an issue of title. Unlawful detainer cases are entitled to priority. They are supposed to be quickly resolved. Consolidation of this current case with the unlawful detainer case would likely result in unwarranted delays in the resolution of the unlawful detainer case.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Monday, December 18, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of December 18, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

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