On 05/28/2020 GATEWAY INSURANCE COMPANY filed a Personal Injury - Uninsured Motor Vehicle lawsuit against KEITH BOWMAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.
*******4517
05/28/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
GATEWAY INSURANCE COMPANY
BOWMAN KEITH
BOWMAN MARSHALL
SCHWARZ MARC A.
MENDELSON LEE MICHAEL
8/12/2020: Notice of Related Case - Notice of Related Case
8/12/2020: Motion for Order (name extension) - Motion for Order to Consolidate Related Cases
6/16/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
6/16/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
5/28/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
5/28/2020: Summons - Summons on Complaint
5/28/2020: Complaint - Complaint
5/28/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing06/01/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing11/29/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketPursuant to the request of moving party, Hearing on Motion to Consolidate scheduled for 01/14/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 01/13/2021
DocketMotion for Order to Consolidate Related Cases; Filed by: GATEWAY INSURANCE COMPANY (Plaintiff)
DocketHearing on Motion to Consolidate scheduled for 01/14/2021 at 10:00 AM in Spring Street Courthouse at Department 25
DocketProof of Service by Substituted Service; Filed by: GATEWAY INSURANCE COMPANY (Plaintiff); As to: KEITH BOWMAN (Defendant); Proof of Mailing Date: 06/15/2020; Service Cost: 95.00; Service Cost Waived: No
DocketProof of Service by Substituted Service; Filed by: GATEWAY INSURANCE COMPANY (Plaintiff); As to: MARSHALL BOWMAN (Defendant); Proof of Mailing Date: 06/15/2020; Service Cost: 95.00; Service Cost Waived: No
DocketComplaint; Filed by: GATEWAY INSURANCE COMPANY (Plaintiff); As to: KEITH BOWMAN (Defendant); MARSHALL BOWMAN (Defendant)
DocketCivil Case Cover Sheet; Filed by: GATEWAY INSURANCE COMPANY (Plaintiff); As to: KEITH BOWMAN (Defendant); MARSHALL BOWMAN (Defendant)
DocketSummons on Complaint; Issued and Filed by: GATEWAY INSURANCE COMPANY (Plaintiff); As to: KEITH BOWMAN (Defendant); MARSHALL BOWMAN (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketNon-Jury Trial scheduled for 11/29/2021 at 08:30 AM in Spring Street Courthouse at Department 25
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/01/2023 at 08:30 AM in Spring Street Courthouse at Department 25
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
Case Number: 20STLC04517 Hearing Date: January 14, 2021 Dept: 25
HEARING DATE: Thu., January 14, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: Gateway Insurance Co. v. Bowman, et al. COMPL. FILED: 05-28-20
CASE NUMBER: 20STLC04517 DISC. C/O: 10-30-21
NOTICE: OK DISC. MOT. C/O: 11-14-21
TRIAL DATE: 11-29-21
PROCEEDINGS: MOTION FOR ORDER TO CONSOLIDATE RELATED CASES
MOVING PARTY: Plaintiff Gateway Insurance Company
RESP. PARTY: None
MOTION TO CONSOLIDATE
(CCP § 1048; CRC 3.350)
TENTATIVE RULING:
Plaintiff Gateway Insurance Company’s Motion for Order to Consolidate Related Cases is DENIED.
SERVICE:
[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK
[X] Correct Address (CCP §§ 1013, 1013a) OK
[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK
OPPOSITION: None filed as of January 12, 2021 [ ] Late [X] None
REPLY: None filed as of January 12, 2021 [ ] Late [X] None
ANALYSIS:
Background
On May 28, 2020, Plaintiff Gateway Insurance Company (“Plaintiff”) filed an action against Defendants Keith Bowman and Marshall Bowman (collectively, “Defendants”). Defendants were served on June 15, 2020, but have not yet filed an answer.
On August 12, 2020, Plaintiff filed the instant Motion for Order to Consolidate Related Cases (the “Motion”) and a Notice of Related Case for small claims case Marshall A. Bowman v. Khatchatour Khatchatrian, et al., Case No. 20VESC00446 (the “Small Claims Case”). To date, no opposition has been filed.
Legal Standard
California 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.)
Discussion
Plaintiff seeks to consolidate this case with the Small Claims Case. (Mot., p. 1:18-23.) Plaintiff argues the actions are related as they arise out of the same alleged vehicular loss involving the same facts and the same parties. (Mot., Mendelson Decl., ¶ 3.)
However, the Court notes that the Small Claims Action was dismissed without prejudice following Plaintiff’s failure to appear for a non-jury trial on September 21, 2020. (9/21/20 Minute Order.) As the Small Claims Action has already been disposed of, the instant Motion is DENIED.
Conclusion & Order
For the foregoing reasons, Plaintiff Gateway Insurance Company’s Motion for Order to Consolidate Related Cases is DENIED.
Moving party is ordered to give notice.