Judge: Thomas D. Long, Case: 23STCV11392, Date: 2024-02-08 Tentative Ruling

Case Number: 23STCV11392    Hearing Date: February 8, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Dylan Scott Perry has filed three separate lawsuits alleging death threats communicated through “American Dad!”: 23STCV11392 (filed May 22, 2023), 23STCP01900 (filed June 1, 2023), and 23STCV15449 (filed July 3, 2023).

The first lawsuit (Case No. 23STCV11392) against The Walt Disney Company alleges intentional infliction of emotional distress.

The second lawsuit (Case No. 23STCP01900) against The Walt Disney Company alleges Civil Harassment with Damages.

The third lawsuit (Case No. 23STCV15449) against The Walt Disney Company alleges Civil Rights violations because he is entitled to liberty and the pursuit of happiness.

On January 22, 2024, Dylan Scott Perry filed the Notice of The Motion to Consolidate without the Memorandum of Points & Authorities.

On February 5, 2024, at 12:00 am, Dylan Scott Perry filed his Motion to Consolidate and Good Cause Shown for Untimely Filing and proof of electronic service.

As of February 6, 2024, at 6:46 am no opposition has been filed.

Legal Standards

“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.

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.” (California Rules of Court Rule 3.350.)

“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 (Todd-Stenberg).)

Discussion

            Here, the lead case must be the lower number, which is 23STCP01900, not 23STCV11392. Therefore, the motion does not comply with Rule 3.350 (a)(1)(B) or 3.350 (2)(C) which requires the lowest numbered to be the lead case. Additionally, the motion was untimely filed because it was filed three days before the hearing. Therefore, this motion is procedurally defective.

Accordingly, the unopposed motion is DENIED without prejudice.

Court clerk 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 8th day of February 2024