This case was last updated from Los Angeles County Superior Courts on 10/10/2020 at 00:46:16 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS TIFFANY CELESTE CHARROUX

Case Summary

On 10/15/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Contract - Insurance lawsuit against TIFFANY CELESTE CHARROUX. 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:

    *******2804

  • Filing Date:

    10/15/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

CHARROUX TIFFANY CELESTE

Attorney/Law Firm Details

Plaintiff Attorney

MAHFOUZ RICHARD LOUIS II

Defendant Attorneys

ELLIOTT KELLY

LAW YUK

 

Court Documents

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

7/31/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Court Order) of 11/08/2019

11/8/2019: Minute Order - Minute Order (Court Order) of 11/08/2019

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/08/2019

11/8/2019: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/08/2019

Minute Order - Minute Order (Hearing on Motion to Consolidate)

11/13/2019: Minute Order - Minute Order (Hearing on Motion to Consolidate)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Consolidate) of 11/13/2019

11/13/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Consolidate) of 11/13/2019

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

9/23/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Non-Opposition

9/23/2019: Notice (name extension) - Notice of Non-Opposition

Notice (name extension) - Notice of Continuance

9/26/2019: Notice (name extension) - Notice of Continuance

Motion to Consolidate - Motion to Consolidate

8/29/2019: Motion to Consolidate - Motion to Consolidate

Substitution of Attorney - Substitution of Attorney

7/15/2019: Substitution of Attorney - Substitution of Attorney

Answer - Answer

4/8/2019: Answer - Answer

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/5/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint

10/15/2018: Complaint

Civil Case Cover Sheet

10/15/2018: Civil Case Cover Sheet

Summons - on Complaint

10/15/2018: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

10/15/2018: Notice of Case Assignment - Limited Civil Case

4 More Documents Available

 

Docket Entries

  • 03/24/2021
  • Hearing03/24/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/31/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 07/31/2020
  • DocketUpdated -- Notice Re: Continuance of Hearing and Order: As To Parties: removed

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  • 07/31/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 10/08/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 03/24/2021 08:30 AM

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  • 11/13/2019
  • DocketUpdated -- Motion to Consolidate: Filed By: Tiffany Celeste Charroux (Defendant); Result: Granted; Result Date: 11/13/2019

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  • 11/13/2019
  • DocketMinute Order (Hearing on Motion to Consolidate)

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  • 11/13/2019
  • DocketCertificate of Mailing for (Hearing on Motion to Consolidate) of 11/13/2019; Filed by: Clerk

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  • 11/13/2019
  • DocketHearing on Motion to Consolidate scheduled for 11/13/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 11/13/2019; Result Type to Held - Motion Granted

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  • 11/08/2019
  • DocketNon-Jury Trial scheduled for 10/08/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/08/2019
  • Docket18STLC12804 unrelated from 19STLC03590

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16 More Docket Entries
  • 04/08/2019
  • DocketAnswer; Filed by: Tiffany Celeste Charroux (Defendant)

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  • 03/05/2019
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Tiffany Celeste Charroux (Defendant); Proof of Mailing Date: 03/04/2019; Service Cost: 45.00; Service Cost Waived: No

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

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  • 10/15/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Tiffany Celeste Charroux (Defendant)

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  • 10/15/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 10/15/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/15/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/15/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 10/15/2018
  • DocketNon-Jury Trial scheduled for 04/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/15/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC12804    Hearing Date: November 13, 2019    Dept: 94

State Farm v. Charroux, et al.

MOTION TO CONSOLIDATE

(CCP § 1048)

TENTATIVE RULING

Defendant Tiffany Charroux’s Motion to Consolidate is GRANTED. THE INSTANT ACTION, STATE FARM V. CHARROUX, LASC CASE NO. 18STLC12804 IS DEEMED THE LEAD CASE AND ALL FUTURE FILINGS ARE TO BE UNDER THE LEAD CASE NUMBER. ALL FUTURE DATES IN THE SECOND SUBROGATION ACTION, CALIFORNIA AUTOMOBILE INSURANCE COMPANY V. CHARROUX, LASC CASE NO. 19STLC03590, ARE VACATED.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Tiffany Charroux (“Defendant”) on October 15, 2018. Following her Answer, Defendant filed the instant Motion to Consolidate on August 29, 2019. Defendant moves to consolidate the instant action with California Automobile Insurance Company v. Charroux, LASC Case No. 19STLC03590 (“the second subrogation action”). To date, no opposition has been filed.

I. 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.)

II. Discussion

Defendant moves to consolidate this action with the second subrogation action on the grounds that both cases arise out of the same set of operative facts, and therefore require resolution of common questions of law and fact. The notice of the Motion to Consolidate complies with Cal. Rules of Court, Rule 3.350, subdivision (a)(1) and is filed in both cases. The proof of service also demonstrates compliance with Cal. Rules of Court Rule 3.350, subdivision (a)(2). Furthermore, the Motion to Consolidate it properly brought with respect to cases in the same department. Both the instant action and the second subrogation action are assigned to Department 94 of the Los Angeles Superior Court.

Finally, both actions arise out of the same incident, namely the automobile accident involving Defendant that occurred on April 22, 2016 at and about N. Avenue 50, in the City of Los Angeles. (Compl., ¶10; Second Subrogation Action Compl., ¶4.) Both actions will require resolution of common questions of law and fact pertaining to the liability of the drivers involved in that accident, including Defendant.

Based on the foregoing, the Motion to Consolidate is GRANTED. THE INSTANT ACTION, STATE FARM V. CHARROUX, LASC CASE NO. 18STLC12804 IS DEEMED THE LEAD CASE AND ALL FUTURE FILINGS ARE TO BE UNDER THE LEAD CASE NUMBER. ALL FUTURE DATES IN THE SECOND SUBROGATION ACTION ARE VACATED.

Court clerk 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.