Judge: Theodore R. Howard, Case: 20-1133955, Date: 2022-11-03 Tentative Ruling

The motion by plaintiff John Widly to consolidate Orange County Superior Court Case No. 2020-01133955 (Widly Action) and Orange County Superior Court Case No. 2022-01241857 (UD Action) is DENIED.

For a Motion to Consolidate, California Rule of Court 3.350 provides in part as follows:

(a) Requirements of motion

(1) A notice of motion to consolidate must:

(A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record;

(B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and

(C) Be filed in each case sought to be consolidated.

(2) The motion to consolidate:

(A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case;

(B) Must be served on all attorneys of record and all nonrepresented parties in all of the cases sought to be consolidated; and

(C) Must have a proof of service filed as part of the motion.

The motion does not comply with Rule 3.350(a)(1)(A) (B) or (C).  The motion also does not comply with Rule 3.350(a)(2)(B).  Also, consolidation would unnecessarily complicate the UD action with written discovery, pleadings, depositions, witnesses, etc.  Additionally, James Stern is not alleged to be involved in any of the claims in the civil action and involving him in those claims would further complicate matters and confuse the issues.

Accordingly, both actions remain on calendar for trial on November 7, 2022.  The Widly Action will be tried first and then upon conclusion of that trial, the trial in the UD Action will commence.

Court orders moving party to give notice.