Case Number: BC669047 Hearing Date: March 09, 2018 Dept: 92

JESUS ZAMUDIO,

Plaintiff,

vs.

ARBBIE RONALD BAUTISTA, ET AL.,

Defendants.

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CASE NO: BC669047

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO CONSOLIDATE

Dept. 92

1:30 p.m.

March 9, 2018

Defendant Arbbie Ronald Bautista moves to consolidate Zamudio v. Bautista, et al., BC669047, with Garibay v. Bautista, et al., BC673646.

Plaintiff Zamudio filed the instant complaint against Bautista on July 20, 2017. On August 24, 2017, Garibay filed a complaint against Bautista.

CCP section 1048 states, in relevant part:

(a) 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.

(b) The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.

“Code of Civil Procedure section 1048 grants discretion to the trial courts to consolidate actions involving common questions of law or fact.” (Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978.) The cases arise out the same incident: a September 4, 2015 automobile accident in Santa Clarita. All plaintiffs contend Defendant Bautista is liable. On December 22, 2017, the court deemed the cases related.

Moving plaintiff establishes the cases share a common core of facts and issues, and that consolidation will result in greater efficiency through reduced costs and delay. The motion to consolidate is therefore granted. The trial date for both cases shall be 2/26/19 at 8:30 am and the FSC shall be 2/12/19 at 10 am in Dept. 92.

Dated this 9th day of March, 2018

Hon. Marc Gross

Judge of the Superior Court