Judge Thomas D. Long, Case Number: 23STCP01900, Date: 2024-03-12 Tentative Ruling

On June 1, 2023, Dylan Scott Perry (“Perry”) filed this action against The Walt Disney Company (“Disney”) relating to alleged death threats through their show “American Dad!”, stalking, and breaking into his phone and apartment.

On February 15, 2024, Perry filed the instant motion to consolidate related case nos. 23STCV11392, 23STCP01900, and 23STCV15449. The Court notes that 23STCV11392 is the lead case as the first filed, and not 23STCP01900.

Code of Civil Procedure § 1048 states that “[w]hen 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.”

Under California Rules of Court, Rule 3.350(a)(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 non-represented parties in all of the cases sought to be consolidated; and (C) Must have a proof of service filed as part of the motion.

Perry argues that the cases must be consolidated because they have nearly the same merits and arise from the same event. All three actions are by Perry against Disney, involve the death threats on the day Perry saw the episode on television. Perry asserts that all three cases pose the same question: did Disney threaten him, his father, and his girlfriend? Based on the foregoing and a review of the complaints in each action, the Court finds that all three cases pose common questions of law and fact and involve the same parties.

Perry has substantially complied with the procedural requirements of Rule 3.350. While all papers have been filed in all cases and not only the lead case (23STCV11392), the Court does not deny the motion on this basis as all requisite papers have been filed and all parties and counsel have been listed and served.

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.

Hon. Thomas D. Long

Judge of the Superior Court