Judge: Salvatore Sirna, Case: 24PSCV01241, Date: 2025-01-16 Tentative Ruling

Case Number: 24PSCV01241    Hearing Date: January 16, 2025    Dept: G

Plaintiff Redwood Fire and Casualty Insurance Company’s Motion to Relate and Consolidate Actions

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Redwood Fire and Casualty Insurance Company’s Motion to Relate and Consolidate Actions is GRANTED.

BACKGROUND

This is a personal injury action arising from a motor vehicle collision. On April 18, 2024, Plaintiff Redwood Fire and Casualty Insurance Company (Redwood) filed a complaint against Defendants Lun Qiafeng and Does 1-25, alleging causes of action for (1) general negligence and (2) motor vehicle negligence.

On December 4, 2024, Redwood filed the present motion. A hearing on Redwood’s motion is set for January 16, 2025, along with a CMC/status conference re: ADR on January 23, 2025.

ANALYSIS

Redwood moves to consolidate the present action with a personal injury action brought by David Vaca (LASC Case No. 24PSCV02654). For the following reasons, the court GRANTS Redwood’s motion.

Legal Standard

Code of Civil Procedure section 1048 grants trial courts discretion to consolidate actions involving common questions of law or fact. The purpose of consolidation is to eliminate unnecessary costs or delays by avoiding duplication of procedure, especially when there are issues common to both actions. (Estate of Baker (1982) 131 Cal.App.3d 471, 485.)

Discussion

In this case, Redwood argues both cases involve common questions of law and fact. In the present action, Redwood seeks to hold Qiafeng liable for injuries sustained by David Vaca on July 18, 2022, in the City of Industry. At the time of the injury, Vaca was employed by Redwood’s insured. In the other action, Vaca seeks to hold Qiafeng liable for the same incident.

Based upon the allegations in the operative pleadings for both actions, they appear to involve common questions of law and fact. Both actions seek to hold Qiafeng liable for negligently causing injury to Vaca in motor vehicle collision. Furthermore, pursuant to Labor Code section 3853, “[i]f either the employee or the employer brings an action against such third person. . . . the other may, at any time before trial on the facts, join as party plaintiff or shall consolidate his action, if brought independently.”

Accordingly, the court GRANTS Redwood’s motion.

CONCLUSION

Based on the foregoing, Redwood’s motion to consolidate is GRANTED. 

Cases 24PSCV01241 and 24PSCV02654 are consolidated.  All dates in Case 24PSCV02654 are advances and vacated.  At the hearing on January 16, 2025, the court intends to set a Further Case Management Conference in 120 days for the consolidated matter.