Judge: Thomas D. Long, Case: 22STCV34516, Date: 2023-03-30 Tentative Ruling

Case Number: 22STCV34516    Hearing Date: March 30, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On September 9, 2022, Plaintiff Otoniel Martinez filed Case No. 22STLC05904 against Defendant Pevik Construction Group, Inc.

On October 28, 2022, Plaintiff filed this action against Defendant, along with a Notice of Related Case.  Plaintiff did not file a Notice of Related Case in Case No. 22STLC05904, in violation of California Rules of Court, rule 3.300(d).

On May 4, 2022, Plaintiff moved to consolidate the two actions.

“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.)

The motion for consolidation is procedurally deficient.  Under Los Angeles Superior Court Rule 3.3, subdivision (g), “[c]ases 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.”  Case No. 22STLC05904 is assigned to Department 26, but this action is in Department 48.

Additionally, a Notice of Motion containing 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 must be filed in each case sought to be consolidated.  (California Rules of Court, rule 3.350(a)(1).)  No Notice of Motion was filed in Case No. 22STLC05904.

The motion to consolidate is DENIED without prejudice.

Plaintiff is ORDERED to immediately file and serve a Notice of Related Case in Case No. 22STLC05904.

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.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 30th day of March 2023