Tentative ruling on Feb. 29, 2024 in Fresno County, CA - Case no: xxxxx.']

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On February 29, 2024, Fresno County Superior Court issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Fresno County, California. Hearing Date 02.29.2024.

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Re: Borja v. Murrietta
Superior Court Case No. 23CECG03781
Hearing Date: February 29, 2024 (Dept. 503)
Motion: by Plaintiff to Consolidate Cases
Tentative Ruling:
To deny.
Explanation:
Plaintiff moves to consolidate the instant case with defendant’s small claims case
against plaintiff, Case No. 23CECS00626, and defendant’s small claims appeal of that
case, Case No. 23CSA00626.
The superior court lacks jurisdiction to consolidate an appeal from a judgment
rendered in a small claims action with a related case pending in the superior court. Doing
so would violate the prohibitions against pretrial discovery, jury trial and plaintiff’s appeal
in small claims actions. (Acuna v. Gunderson Chevrolet, Inc. (1993) 19 Cal.App.4th 1467,
1469, 1472-1473.)
Additionally, notwithstanding the fact that plaintiff seeks to consolidate both a
small claims case and a small claims appeal with the instant case, “the only
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