Motion to Consolidate
34-2022-00316048-CU-OR-GDS: E & A Monroy Holdings LLC vs. HSU Family Trust 11/14/2025 Hearing on Motion to Consolidate in Department 47
Tentative Ruling
NOTICE: If oral arguments are requested or appearances are required, the hearing may be conducted in person or remotely via ZoomGov [which includes telephonic and teleconferencing options]. No Court Call appearances will be permitted. If you choose to use Zoom you must use your first and last name on your ZoomGov account so the court can positively identify you. The Department 47 ZoomLink is https://saccourt-ca-gov.zoomgov.com/my/sscdept47 and the ZoomGov ID is: 16173813009. Appearances via videoconference using the above link are preferred. To appear on ZoomGov by phone, call (833) 568-8864 and enter the ZoomGov ID referenced above, available phone commands include *6 to mute/unmute or *9 to raise your hand. If you experience issues joining your hearing, please contact the clerk in Department 47 at (916) 874-5487 for assistance.
The notice of motion incorrectly cites Local Rule 1.06 as authority for the Courts tentative ruling system. The Courts tentative ruling system for the Law and Motion calendar in the Presiding Judges department is governed by Local Rule 1.05(C)-(D), which has different requirements for requesting oral argument. Moving counsel is directed to contact opposing counsel and/or self-represented litigants and advise them of the correct local rule, the Courts tentative ruling procedure, and the manner to request a hearing.
The motion of E & A Monroy Holdings, LLC and SAI Supermarkets, Inc. dba Del Valle Supermarket (Moving Parties) to consolidate case is DROPPED from calendar for defective notice and failure to comply with court rules.
Requirements for a motion to consolidate are set forth in Cal. Rules of Court, rule 3.350. The motion must be filed in the lowest numbered case along with a proof of service demonstrating the motion was served on all attorneys of record and all non-represented parties in all cases sought to be consolidated. (Cal. Rules of Court, rule 3.350(a)(2).) The notice of motion must be filed in all cases to be consolidated, must contain the caption of those cases, and must identify the parties in each case, those who have appeared, and their respective attorneys of record. (
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The proof of service expressly indicates the moving papers were served only in Case Number 34-2022-00316048. Proper notice of a motion to consolidate requires proof of service that the moving papers were served on all parties in all actions to be consolidated. Further, the notice of motion does not identify the parties in all actions to be consolidated and their attorneys of record as required by Cal. Rules of Court, rule 3.350(a)(1)(A). Thus, the Court cannot determine from
34-2022-00316048-CU-OR-GDS: E & A Monroy Holdings LLC vs. HSU Family Trust 11/14/2025 Hearing on Motion to Consolidate in Department 47
the face of the notice and proof of service whether the documents were properly served on all parties entitled to notice. Moving Parties also failed to include the caption of all actions to be consolidated in the notice of motion as required by Cal. Rules of Court, rule 3.350(a)(1)(B). As a result of the multiple defects in notice, the Court lacks jurisdiction to consider the motion on its merits at this time. The hearing is dropped from calendar.
This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47. Any party requesting an oral argument must contact the clerk at (916) 874-5487 and opposing counsel or parties in pro per by 12:00 p.m. on the court day before the hearing. If a proper request for hearing is not made, this shall become the order of the Court.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code section 68086 and California Rules of Court, rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list, Once the form is signed it must be filed with the clerk.
If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.