This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 19:12:26 (UTC).

MICHAEL ANTHONY QUINONES VS BENJAMIN ALLEN AVERY

Case Summary

On 03/02/2018 a Personal Injury - Other Personal Injury case was filed by MICHAEL ANTHONY QUINONES against BENJAMIN ALLEN AVERY in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3653

  • Filing Date:

    03/02/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

JON R. TAKASUGI

 

Party Details

Plaintiff

QUINONES MICHAEL ANTHONY

Defendants

AVERY BENJAMIN ALLEN

AVERY JIMMY W.

 

Court Documents

Notice of Related Case - Notice of Related Case

8/7/2019: Notice of Related Case - Notice of Related Case

Ex Parte Application (name extension) - Ex Parte Application to Continue Trial; Alternative Advance Hearing on Motion to Consolidate

8/8/2019: Ex Parte Application (name extension) - Ex Parte Application to Continue Trial; Alternative Advance Hearing on Motion to Consolidate

Minute Order - Minute Order (Hearing on Ex Parte Application to Continue Trial; Alternativ...)

8/8/2019: Minute Order - Minute Order (Hearing on Ex Parte Application to Continue Trial; Alternativ...)

Motion to Consolidate - Motion to Consolidate

8/8/2019: Motion to Consolidate - Motion to Consolidate

Complaint

3/2/2018: Complaint

Summons - on Complaint

3/2/2018: Summons - on Complaint

Amendment to Complaint (Fictitious/Incorrect Name)

4/3/2018: Amendment to Complaint (Fictitious/Incorrect Name)

Proof of Service by Substituted Service

4/11/2018: Proof of Service by Substituted Service

Motion to Quash Service of Summons

8/2/2018: Motion to Quash Service of Summons

Declaration (name extension) - of Omri Bar-Tal

8/16/2018: Declaration (name extension) - of Omri Bar-Tal

Opposition (name extension) - to Motion to Quash Service of Summons and Complaint

8/16/2018: Opposition (name extension) - to Motion to Quash Service of Summons and Complaint

Reply (name extension) - to plaintiff's opposition to defendant's motion to quash service of summons and complaint

8/22/2018: Reply (name extension) - to plaintiff's opposition to defendant's motion to quash service of summons and complaint

Minute Order - (Hearing on Motion to Quash Service of Summons)

8/29/2018: Minute Order - (Hearing on Motion to Quash Service of Summons)

Answer

9/14/2018: Answer

Notice of Case Assignment - Limited Civil Case

3/2/2018: Notice of Case Assignment - Limited Civil Case

13 More Documents Available

 

Docket Entries

  • 03/05/2021
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/20/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/04/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Consolidate

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  • 08/09/2019
  • DocketHearing on Motion to Consolidate scheduled for 09/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/08/2019
  • DocketNon-Jury Trial scheduled for 11/20/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/08/2019
  • DocketMotion to Consolidate; Filed by: Benjamin Allen Avery (Defendant)

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  • 08/08/2019
  • DocketEx Parte Application to Continue Trial; Alternative Advance Hearing on Motion to Consolidate; Filed by: Benjamin Allen Avery (Defendant); As to: Michael Anthony Quinones (Plaintiff)

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  • 08/08/2019
  • DocketCase numbers 18STLC07655, 18STLC03653 are related; case number 18STLC03653 is the lead case.

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  • 08/08/2019
  • DocketMinute Order (Hearing on Ex Parte Application to Continue Trial; Alternativ...)

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  • 08/08/2019
  • DocketHearing on Ex Parte Application to Continue Trial; Alternative Advance Hearing on Motion to Consolidate scheduled for 08/08/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 08/08/2019; Result Type to Held

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15 More Docket Entries
  • 08/02/2018
  • DocketHearing on Motion to Quash Service of Summons scheduled for 08/29/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/11/2018
  • DocketProof of Service by Substituted Service; Filed by: Michael Anthony Quinones (Plaintiff); As to: Benjamin Allen Avery (Defendant); Proof of Mailing Date: 04/04/18; Service Cost: 0.00; Service Cost Waived: No

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  • 04/03/2018
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: Michael Anthony Quinones (Plaintiff); As to: Jimmy W. Avery (Defendant); Type: Fictitious Name

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  • 03/02/2018
  • DocketComplaint; Filed by: Michael Anthony Quinones (Plaintiff); As to: Benjamin Allen Avery (Defendant)

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  • 03/02/2018
  • DocketCivil Case Cover Sheet; Filed by: Michael Anthony Quinones (Plaintiff)

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  • 03/02/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 03/02/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/02/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 77 Stanley Mosk Courthouse

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  • 03/02/2018
  • DocketNon-Jury Trial scheduled for 08/30/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 03/02/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 03/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC03653    Hearing Date: February 19, 2020    Dept: 25

MOTION TO CONSOLIDATE

(CCP § 1048)

TENTATIVE RULING:

Defendant Benjamin Allen Avery’s Motion to Consolidate is GRANTED. The instant action remains the lead case and all future filings are to be under the lead case number.

ANALYSIS:

  1. Background

On March 2, 2018, Plaintiff Michael Anthony Quinones (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Benjamin Allen Avery (“Avery”). Plaintiff later filed an Amendment to the Complaint substituting Doe 1 for Jimmy W. Avery (“Jimmy”) (collectively, “Defendants”). On May 23, 2018, State Farm Automobile Insurance Company filed an action against Defendants for subrogation, Case No. 18STLC07655 (the “State Farm Action”).

On August 8, 2019, Defendant Avery filed the instant Motion to Consolidate (the “Motion”). On this date, the Court also deemed the instant action and the State Farm Action to be related cases. (8/8/19 Minute Order.)

On September 4, 2019, the Court continued the hearing because Defendant Avery failed to file a notice of motion in the State Farm Action and because State Farm was not served with the instant Motion. (9/4/19 Minute Order.) The Court again continued the Motion on December 18, 2019 because Defendant Avery had failed to file a notice of motion to consolidate in the State Farm Action. (12/18/19 Minute Order.) On January 14, 2020, Defendant Avery filed a Notice of Motion to Consolidate in the State Farm Action.

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

  1. 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.)

  1. Discussion

Defendant Avery moves to consolidate this action with LASC Case No. 18STLC07655 on the grounds that both cases arise out of the same operational facts and therefore require resolution of the same fundamental issues, that is, Defendants’ liability and the causation of Plaintiff’s damages. (Mot., p. 5:19-22.) The Notice of the Motion to Consolidate complies with California Rules of Court, rule 3.350, subdivision (a)(1). The proof of service also demonstrates compliance with California Rules of Court, rule 3.350, subdivision (a)(2). Furthermore, the Motion is properly brought with respect to cases pending in the same department. Both the instant action and the State Farm Action are assigned to Department 25 in the Spring Street Courthouse of the Los Angeles Superior Court.

Finally, both actions arise out of the same incident, namely the automobile-motorcycle accident that occurred on October 25, 2017. (Compl., MV-1; State Farm Action Compl., ¶ 6.) Both actions will require resolution of common questions of law and fact pertaining to the liability of the parties involved in that accident. Thus, consolidation of the two cases is proper.

  1. Conclusion & Order

Based on the foregoing, Defendant Benjamin Allen Avery’s Motion to Consolidate is GRANTED. The instant action remains the lead case and all future filings are to be under the lead case number.

Moving party is ordered to give notice.

Case Number: 18STLC03653    Hearing Date: December 18, 2019    Dept: 94

TENTATIVE RULING:  Motion is CONTINUED to February 19, 2020 at 10:30 a.m. Benjamin is ordered to file a notice of motion to consolidate in case no. 18STLC07655 pursuant to CRC Rule 3.350(a)(1)(C).

ANALYSIS:

I. Background

On March 2, 2018, Plaintiff Michael Anthony Quinones (“Quinones”) filed this action (case no. 18STLC03653) against Defendant Benjamin Allen Avery (“Benjamin”). Another Plaintiff, State

Farm Mutual Automobile Insurance Company (“State Farm”), later filed a subrogation action (case no. 18STLC07655) against Defendants Benjamin and Jimmy W. Avery (“Jimmy”) on May

23, 2018. The Court deemed case nos. 18STLC03653 and 18STLC07655 to be related on August

8, 2019. On the same day, Benjamin filed the instant Motion to Consolidate those cases.

On September 4, 2019, the court issued an order continuing Benjamin’s motion to consolidate to allow Benjamin to file a proper notice of motion in both related cases and proof of service. The court noted that a notice of motion to consolidate had been filed in case no. 18STLC03653 but had not been filed in case no. 18STLC07655. Further, the court noted that a proof of service showed that the motion to consolidate had only been served on Quinones but not on State Farm. The court ordered Benjamin to satisfy the procedural requirements of CRC Rule 3.350.

On October 11, 2019, the court continued the motion to consolidate to December 18, 2019.

II. Discussion

First, the court notes that Defendant Benjamin has filed a proof of service showing that counsel for State Farm has been served with the motion to consolidate and notice of continuance as to the motion to consolidate. (see POS, filed 9/5/19.)

However, Benjamin did not file the notice of motion to consolidate in case no. 18STLC07655 pursuant to the court’s September 4, 2019 order. Benjamin only filed a notice of continuance on the motion to consolidate. As the court previously noted, CRC Rule 3.350(a)(1)(C) requires that a notice of motion to consolidate must be filed in each case sought to be consolidated. (CRC Rule 3.350(a)(1)(C).) The court cannot consider the merits until the notice of motion to consolidate is filed in both related cases.

Therefore, the Motion is CONTINUED. Benjamin is ordered to file a notice of motion to consolidate in case no. 18STLC07655 pursuant to CRC Rule 3.350(a)(1)(C).

III. Conclusion & Order

For the foregoing reasons, the Motion is CONTINUED to February 19, 2020 at 10:30 a.m. Benjamin is ordered to file a notice of motion to consolidate in case no. 18STLC07655 pursuant to CRC Rule 3.350(a)(1)(C).