Judge: Serena R. Murillo, Case: 20STCV47113, Date: 2023-03-29 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 

IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 

ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 20STCV47113    Hearing Date: March 29, 2023    Dept: 29

TENTATIVE

Defendant Nam Joong Yoon’s motion to consolidate with related case is TAKEN OFF CALENDAR.

Legal Standard

“When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.”  (Code Civ. Proc. § 1048, subd. (a).)  The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of inconsistent adjudications.  (See Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978-979.) 

A Notice of Motion to consolidate cases must (1) include a list of all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (2) include the captions of all the cases sought to be consolidated; and (3) be filed in each case sought to be consolidated.  (Cal. Rules of Court, rule 3.350(a)(1).)   

“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).) 

Discussion

Defendant moves for consolidation with 21STCV43642, arguing that both cases arise out of the same vehicle collision and involve identical issues of law and fact. A single trial on all issues will avoid unnecessary costs and delay, and will serve the interests of economy, and convenience.              

This action and 21STCV43642 were deemed related and assigned to this Department on June 10, 2022.  The motion thus complies with Local Rule 3.3(g). 

On February 16, 2023, this motion came on for hearing. The Court found the following. Both cases arise from the same vehicle accident that occurred on October 18, 2020, and involve the same cause of action for negligence and wrongful death. Further, the parties are the same. Thus, both actions involve common issues of law and fact.  Further, Defendant has served the notice of motion and motion on all non-dismissed parties who have appeared in the actions. Defendant has also listed all named parties in each case, the parties who have appeared in the actions, and the names of their respective attorneys of record in the notice of motion to consolidate.   However, Defendant had not filed the notice of motion to consolidate in related case 21STCV43642. Thus, the Court continued the matter to allow Defendant to do so in order to comply with CRC Rule 3.350(a)(1).

Defendant has now filed notice of motion to consolidate in related case 21STCV43642. Subsequently, however, Defendant filed a notice of taking this motion off calendar in related case 21STCV43642. As such, pursuant to Defendant’s request, this motion is TAKEN OFF CALENDAR.

Conclusion

Accordingly, the Motion to consolidate is TAKEN OFF CALENDAR.  

Moving party is ordered to give notice.