Judge: William A. Crowfoot, Case: 22AVCV00060, Date: 2022-10-03 Tentative Ruling

Case Number: 22AVCV00060    Hearing Date: October 3, 2022    Dept: 27

SUPERIOR C SOURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

LURDES CASTILLO, et al.,

                   Plaintiff(s),

          vs.

 

GRISELDA SALMERON, et al.,

 

                   Defendant(s).

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      CASE NO: 22AVCV00060

      Related to Case No. 20STCV06811

 

 

[TENTATIVE] ORDER GRANTING MOTION TO CONSOLIDATE

 

Dept. 27

1:30 p.m.

October 3, 2022

 

Defendants Sonia Griselda Salmeron and Gersom Salmeron (collectively, the “Salmeron Defendants”) seek an order consolidating this action (the “Castillo Action”) with Sean James Donnelly v. Lyft, et al. (Case No. 20STCV06811) (the “Donnelly Action”), Roderick A. Taylor, Jr., et al. v. Lyft, et al. (20AVCV00367) (the “Taylor Action”) contending the three actions arise out of the same automobile accident that occurred on February 4, 2020.  The Castillo, Donnelly, and Taylor actions have been deemed related.  Also, the Taylor and Donnelly Actions have already been consolidated, with Donnelly designated as the lead case. 

The motion to consolidate is not filed in the Donnelly Action, which is the lead case.  (Cal. Rules of Court, rule 3.350(a)(1).)  Instead, the motion was only filed in the Castillo Action.  Even though Plaintiff Sean Donnelly filed a notice of non-opposition in the Donnelly Action, there is no response from Taylor and the Court is unwilling to consolidate these actions without appropriate notice in the absence of a stipulation by all parties.  If counsel for all parties appear at the hearing and stipulate to consolidation, the Court will be more inclined to grant the motion.  If not all counsel are present, the hearing will be continued to October 28, 2022 at 1:30 p.m. in Department 27 so that the Salmeron Defendants can file a copy of the motion in the lead case and a notice of motion in the Castillo case.   

 

 

Moving Defendants are ordered 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.