Judge: William A. Crowfoot, Case: 21STCV04875, Date: 2022-10-26 Tentative Ruling

Case Number: 21STCV04875    Hearing Date: October 26, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

DIANAWATI MENJIVAR,

                   Plaintiff(s),

          vs.

 

JOYCE LAI, et al.,

 

                   Defendant(s).

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      CASE NO.: 21STCV04875

 

[TENTATIVE] ORDER RE: MOTION TO CONSOLIDATE

 

Dept. 27

1:30 p.m.

October 26, 2022

 

On February 8, 2021, plaintiff Dianawati Menjivar (“Plaintiff”) filed this action against defendants Joyce Lai and the Interinsurance Exchange of the Automobile Club arising from a motor vehicle collision that occurred on January 22, 2019.  On the same day, Plaintiff also filed an action against Travis Saksrudd and Bristol West Insurance Services of California, Inc., arising from the same motor vehicle collision, which was assigned the case number 21STCV04878 (the “Saksrudd Action”). 

On August 16, 2022, the two cases were deemed related.  On July 15, 2022, Plaintiff filed this motion to consolidate them. 

“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.)

However, the motion for consolidation is procedurally deficient.  A Notice of Motion to consolidate cases must be filed in each case sought to be consolidated.  (Cal. Rules of Court, rule 3.350(a)(1).)  The Court notes that no Notice of Motion to consolidate was filed in the Saksrudd Action in Case No. 21STCV04878

Accordingly, the hearing on the motion to consolidate is CONTINUED to December 16, 2022, at 1:30 p.m. so that a notice of motion may be filed. 

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.