Judge: Thomas D. Long, Case: 22STCV32069, Date: 2024-01-02 Tentative Ruling

Case Number: 22STCV32069    Hearing Date: January 2, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On September 30, 2023, Plaintiff SWW Investment LLC filed this action (Case No. 22STCV32069) against Defendant Don W. Jackson for breach of lease and failure to pay monthly rent from November 1, 2020 to March 31, 2022.

On the same date, Plaintiff also filed an unlawful detainer action (Case No. 22STCV32151) against Defendant, seeking possession and unpaid rent since April 2022.

On December 7, 2023, Plaintiff filed a motion to relate and consolidate the cases.

Under Los Angeles Superior Court Rule 3.3, subdivision (g), “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.”

“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.)

This case and Case No. 22STCV32151 involve the same parties and the same property.  Defendant has already vacated the property, so possession is no longer at issue in the unlawful detainer action.  (Motion at pp. 4-5.)  Only monetary damages remain in both actions.  Additionally, on August 31, 2023, the parties signed a stipulation to consolidate.  However, the Court rejected the stipulation and proposed order on September 1, 2023 and September 28, 2023 because the cases were not yet related, so they could not be consolidated.

Accordingly, the unopposed motion is GRANTED.  Case No. 22STCV32069 and Case No. 22STCV32151 are related and consolidated.  Case No. 22STCV32069 is the lead case, and all future pleadings must be filed under this case number.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 2nd day of January 2024