Tentative Ruling on Motion to Consolidate

Robles v. Strache, Case No. 2018-08066 (and Asistio v. Strache, 2017-17324) Sept. 14, 2018, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This case arises out of a multi-car accident on February 25, 2016 on Interstate 15 in San Diego. The Judicial Council form complaint was filed in February, 2018. Defendants answered separately in April and June, and there is a cross-complaint. ROA 9, 12, 16. At the due-course CMC, counsel revealed there is a related case (Asistio v. Strache, 2017-17324), and the court set a hearing on a motion to consolidate and also set the case for trial in March 2019. ROA 32. The consolidation motion was filed in the low numbered case, Asistio. ROA 33.

2. Applicable Standards.

A. Regarding consolidation, Code of Civil Procedure section 1048(a) provides: "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 iss