Judge: Thomas S. Mcconville, Case: 2021-01219496, Date: 2023-08-07 Tentative Ruling

The Motion to Consolidate brought by Plaintiff LM Insurance Corporation is DENIED, without prejudice, for failure to comply with California Rules of Court rule 3.350.

The notice of motion fails to “[l]ist all named parties in each case, the name of those who have appeared, and the names of their respective attorneys of record,” as required by California Rules of Court, rule 3.350, subdivision (a)(1)(A).  Similarly, Plaintiff neglected to file the notice of motion “in each case sought to be consolidated,” as required by California Rules of Court, rule 3.350, subdivision (a)(1)(C).

The motion, additionally, was not filed in the lowest numbered case, as required. (Cal. Rules of Court, rule 3.350, subd. (a)(2)(A).)  Significantly, Zahra Shahim v. Moulton Plaza SPE, LLC, et al. (Case No. 2021-01219312) was initiated a day before the instant action and contains a lower case number.

Finally, and most importantly, Plaintiff neglected to serve “all attorneys of record and all nonrepresented parties in all of the cases sought to be consolidated,” as required by California Rules of Court, rule 3.350, subdivision (a)(2)(B).

While the Proof of Service attached to this motion demonstrates it was electronically served on Defendant Cornerstone Development Partners, Inc., via their counsel of record in this action, no service was attempted on any parties in the related action Shahim v. Moulton Plaza SPE, L.L.C. (Case No. 2021-01219312).

Based on all of the above, the motion is denied without prejudice.

The court declines to take judicial notice as requested as such documents are not relevant to the court’s ruling.

Plaintiff shall give notice.