Judge: Serena R. Murillo, Case: 21STCV39352, Date: 2022-08-29 Tentative Ruling

Case Number: 21STCV39352    Hearing Date: August 29, 2022    Dept: 29

New York Marine & General Insurance v. Bradley Eric Patterson

TENTATIVE

Plaintiff New York Marine & General Insurance’s motion to consolidate with related case is CONTINUED.

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

Plaintiff New York Marine moves for consolidation with 21STCV40531 for all purposes including trial, arguing that both cases arise out of a work-related accident that occurred on Duarte Road on November 7, 2019, and involve common issues of law and fact, as they involve the same evidence, witnesses, injuries, claims, and parties. Plaintiff argues that consolidation is mandatory pursuant to the requirement in Labor Code section 3853.

 This action and 21STCV40531 were deemed related and assigned to this Department on June 9, 2022.  The motion thus complies with Local Rule 3.3(g). 

The Court finds that both cases arise from the same accident that occurred on November 7, 2019, and involve the same cause of action for negligence against Defendant. Thus, both actions involve common issues of law and fact.  Further, Plaintiff has served the notice of motion and motion on all non-dismissed parties who have appeared in the actions. However, Plaintiff has not filed the notice of motion to consolidate in related case 21STCV40531.  Thus, Plaintiff has not complied with CRC Rule 3.350(a)(1). Therefore, the Court will continue the matter to allow Plaintiff to file the notice of motion to consolidate in relating case 21STCV40531.

Conclusion

Accordingly, the Motion to consolidate is CONTINUED.  

Moving party is ordered to give notice.