Judge: William A. Crowfoot, Case: 21STCV30394, Date: 2022-08-10 Tentative Ruling

Case Number: 21STCV30394    Hearing Date: August 10, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

SIRANUSH KESHISHYAN,

                   Plaintiff(s),

          vs.

 

SHAWN STANLEY DONALDSON, et al.,

 

                   Defendant(s).

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      CASE NO.: 21STCV30394

 

[TENTATIVE] ORDER RE: DEFENDANT/CROSS-COMPLAINANT SHAWN STANLEY DONALDSON’S MOTION TO CONSOLIDATE

 

Dept. 27

1:30 p.m.

August 10, 2022

 

Shawn Stanley Donaldson (“Donaldson”) seeks to consolidate this action with Case No. 21STCV31625, Greg Riganian, et al. v. Shawn Stanley Donaldson, et al. (the “Riganian Action”) on the grounds that the two actions involve the same automobile accident. 

“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.  Based on the proof of service, this motion was not served on counsel for Greg Riganian or Serina Demerians.  Furthermore, no notice of motion was filed in the Riganian Action. 

Accordingly, the Motion to consolidate is DENIED without prejudice.

 

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.