This case was last updated from Los Angeles County Superior Courts on 09/28/2020 at 04:21:48 (UTC).

ELAINE J. LOPEZ VS JUAN CARLOS GARCIA GOMEZ, ET AL.

Case Summary

On 10/24/2018 ELAINE J LOPEZ filed a Personal Injury - Motor Vehicle lawsuit against JUAN CARLOS GARCIA GOMEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3218

  • Filing Date:

    10/24/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

LOPEZ ELAINE J.

Defendants

VASQUEZ MARIELA

GARCIA GOMEZ JUAN CARLOS

Attorney/Law Firm Details

Plaintiff Attorney

CHESNEY STEPHEN LOUIS

Defendant Attorney

HONG LYNDON HYON

 

Court Documents

Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

5/15/2020: Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 05/15/2020

5/15/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 05/15/2020

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Withdrawal of Motion to Relate and Consolidate Cases

1/3/2020: Notice (name extension) - Notice of Withdrawal of Motion to Relate and Consolidate Cases

Minute Order - Minute Order (Hearing on Motion - Other Order to Relate Cases)

12/12/2019: Minute Order - Minute Order (Hearing on Motion - Other Order to Relate Cases)

Motion re: (name extension) - Motion re: Order to Relate Cases

11/7/2019: Motion re: (name extension) - Motion re: Order to Relate Cases

Motion to Consolidate - Motion to Consolidate

11/7/2019: Motion to Consolidate - Motion to Consolidate

Answer - Answer

8/19/2019: Answer - Answer

Notice of Related Case - Notice of Related Case

8/21/2019: Notice of Related Case - Notice of Related Case

Proof of Personal Service - Proof of Personal Service

12/31/2018: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

11/5/2018: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

10/24/2018: Complaint - Complaint

Summons - Summons on Complaint

10/24/2018: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/24/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10/24/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 10/27/2021
  • Hearing10/27/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/23/2021
  • Hearing03/23/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/15/2020
  • DocketMinute Order (Court Order Re: Non-Jury Trial)

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  • 05/15/2020
  • DocketCertificate of Mailing for (Court Order Re: Non-Jury Trial) of 05/15/2020; Filed by: Clerk

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  • 05/15/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 06/25/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 03/23/2021 08:30 AM

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  • 03/27/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/27/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 04/22/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Rescheduled by Court was rescheduled to 06/25/2020 08:30 AM

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  • 01/04/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Consolidate scheduled for 01/08/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Taken Off Calendar by Party on 01/04/2020

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  • 01/03/2020
  • DocketNotice of Withdrawal of Motion to Relate and Consolidate Cases; Filed by: Juan Carlos Garcia Gomez (Defendant); Mariela Vasquez (Defendant); As to: Elaine J. Lopez (Plaintiff); Juan Carlos Garcia Gomez (Defendant); Mariela Vasquez (Defendant)

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  • 12/12/2019
  • DocketUpdated -- Motion re: Order to Relate Cases: Filed By: Mariela Vasquez (Defendant),Juan Carlos Garcia Gomez (Defendant); Result: Denied; Result Date: 12/12/2019

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8 More Docket Entries
  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 12/31/2018
  • DocketProof of Personal Service; Filed by: Elaine J. Lopez (Plaintiff); As to: Mariela Vasquez (Defendant); Service Date: 12/15/2018; Service Cost: 177.00; Service Cost Waived: No

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  • 11/05/2018
  • DocketProof of Personal Service; Filed by: Elaine J. Lopez (Plaintiff); As to: Juan Carlos Garcia Gomez (Defendant); Service Date: 11/01/2018; Service Cost: 42.00; Service Cost Waived: No

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  • 10/27/2018
  • DocketNon-Jury Trial scheduled for 04/22/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/27/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/27/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/24/2018
  • DocketComplaint; Filed by: Elaine J. Lopez (Plaintiff); As to: Juan Carlos Garcia Gomez (Defendant); Mariela Vasquez (Defendant)

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  • 10/24/2018
  • DocketCivil Case Cover Sheet; Filed by: Elaine J. Lopez (Plaintiff)

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  • 10/24/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/24/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/24/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 18STLC13218    Hearing Date: January 08, 2020    Dept: 94

Defendants Juan Carlos Garcia Gomez and Mariela Vasquez’s Motion to Consolidate is DENIED.

ANALYSIS:

I. Background

On October 24, 2018, Plaintiff Elaine Lopez filed a civil limited complaint for personal injury arising out of a motor vehicle accident (the “Lopez action”) against Defendants Juan Carlos Garcia Gomez and Mariela Vasquez (collectively, “Defendants”), case number 18STLC13218. On October 18, 2018, Plaintiff Stephanie Sedano (“Sedano”) filed a small claims action (the “Sedano action”), case number 18DWSC05279, against Defendants arising out of the same motor vehicle accident. On May 30, 2019, Department 1 of the Bellflower Courthouse ordered judgment entered for Sedano and against Defendants. (05/30/19 Minute Order, Sedano Action.) Defendants appealed the judgment and the action is set for trial de novo on February 6, 2020 in Department 1 of the Bellflower Courthouse. (11/08/19 Minute Order, Sedano Action.)

On August 20, 2019, Defendants filed a Notice of Related Case in the small claims action. On August 21, 2019. Defendants filed a Notice of Related case in this limited civil action. On November 07, 2019, Defendants filed the instant Motion to Consolidate (the “Motion”) and a Motion for Order to Relate cases. The Motion for Order to Relate cases was set for hearing in Department 1 of this Courthouse

On December 12, 2019, Department 1 denied Defendants’ Motion for Order to Relate the Sedano action and the Lopez Action. (12/12/19 Minute Order, Lopez Action.) The Court reasoned it was improper to relate a limited civil case with a small claims case, in part, because it is prohibited by Acuna v. Anderson (1993) 19 Cal.App.4th 1467, 1472, which held that a trial court lacks jurisdiction to consolidate small claims appeals with a case pending in the superior court. (Id.)

To date, no opposition or reply briefs for this Motion have been filed.

II. Legal Standard

Cal. Rules of Court, Rule 3.350, subdivision (a) states in relevant part:

(1) A notice of motion to consolidate must:

(A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record;

(B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and

(C) Be filed in each case sought to be consolidated.

(2) The motion to consolidate:

(A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case;

(B) Must be served on all attorneys of record and all non-represented parties in all of the cases sought to be consolidated; and

(C) Must have a proof of service filed as part of the motion.

(Cal. Rules of Court, rule 3.350, subd. (a).) Also, the consolidation statute, Code of Civil Procedure 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 Civ. Proc., § 1048, subd. (a).) The granting or denial of the motion to consolidate rests in the sound discretion of the trial court and will not be reversed except upon a clear showing of abuse of discretion. (See Fellner v. Steinbaum (1955) 132 Cal.App.2d 509, 511.)

III. Discussion

Defendants move to consolidate this action with the Sedano action on the grounds that both cases involve the same parties, arise from common issues of law and fact, and involve identical witnesses. (Mot., p. 2.)

However, a motion to consolidate may only be brought with respect to cases in the same department or related cases. Specifically, under Los Angeles Superior Court Rule 3.3, subdivision (g), “[c]ases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.”

Here, the cases have not been assigned to the same department, nor have the cases been deemed related. Defendants’ request to deem the cases related has already been denied. (12/12/19 Minute Order, Lopez Action.) The Sedano action remains pending in Department 1 of the Bellflower Courthouse.

Accordingly, this Motion is also denied.

IV. Conclusion and Order

For the foregoing reasons, Defendants’ Motion to Consolidate is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

Case Number: 18STLC13218    Hearing Date: December 12, 2019    Dept: 1

Elaine J. Lopez v. Juan Carlos Garcia Gomez, et al (18STLC13218)

On October 24, 2018, Elaine J. Lopez filed a limited civil personal injury complaint against Juan Carlos Garcia Gomez and Mariela Vasquez arising out of a motor vehicle accident. On August 21, 2019, Defendants filed a Notice of Related Case in 18STLC13218 and small claims case 18DWSC05279 Sedano v. Gomez, et al contending the cases were related on every ground enumerated in CRC 3.300(a). On May 30, 2019, the court ordered judgment in favor of the plaintiff in 18DWSC05279. Defendants filed their Notice of Appeal on July 12, 2019 and the appeal of the small claims judgment is set for trial de novo on February 6, 2020 in Department 1 of the Bellflower Courthouse.

On November 7, 2019, Defendants filed a Motion to Relate Cases in 18STLC13218 with the hearing set in Department 1. The motion is unopposed. Defendants also filed a Motion to Consolidate with a hearing set for January 8, 2020 in Department 94.

Pursuant to LASC Local Rule 3.3(f)(3), “[i]n the event that the pertinent judge under California Rules of Court, rule 3.300(h)(1)(A)(B)(C), does not order related any of the cases set forth in the Notice of Related Cases, any party may file a motion to have the cases related” in Department 1 of the Stanley Mosk Courthouse. (See also CRC 3.300(h)(1)(D).) Defendants properly filed and served the Notice of Related Case on August 20, 2019. As significant time has passed without a ruling on the Notice, Department 1 shall consider the merits of Defendants’ Motion.

Defendants improperly seek to relate a limited civil law case with a small claims case with the stated intent to seek consolidation of the two actions in Department 94. Defendants’ proposed course of action is prohibited by Acuna v. Gunderson Chevrolet, Inc. (1993) 19 Cal.App.4th 1467, 1472, which held the trial court lacks jurisdiction to consolidate a small claims appeal with a related case pending in the superior court.

Moreover, the court “must protect the informal nature and the simplicity of small claims procedures in order to preserve the nature of that forum as one which yields speedy commonsense justice without the need to resort to lawyers.” (Jellinek v. Superior Court (1991) 228 Cal.App.3d 652, 658.) Relation of 18STLC13218 and 18DWSC05279 would essentially amount to a transfer of the small claims action. However, the only type of small claims transfer expressly authorized by the California Code of Civil Procedure is a transfer at the request of a defendant whose cross-claim exceeds the jurisdictional limits of small claims court. (CCP § 116.390(a); Acuna, supra at 1472.) Defendants do not seek a transfer pursuant to CCP § 116.390 in their motion and such requests are not determined by Department 1.

For these reasons, Defendants’ Motion to Relate Cases is DENIED in its entirety.

Counsel for Defendants to give Notice.