Aguilar v. Shin, et al.

(48) Tentative Ruling

Re: Aguilar v. Shin, et al. Superior Court Case No. 25CECG04672

Quintero v. Shin, et al. Superior Court Case No. 25CECG04880

Hearing Date: June 3, 2026 (Dept. 403)

Motion: by Defendants to Consolidate Actions

Tentative Ruling:

To grant. (Code Civ. Proc., § 1048, subd. (a).) Superior Court Case No. 25CECG04672 is consolidated with Superior Court Case No. 25CECG04880 for all purposes, with Superior Court Case No. 25CECG04672 being designated as LEAD. Defendants Chul Kyu Shin and Linda Shin Jeehyun are ordered to file and serve a notice of entry of this order in all actions, properly captioned with all case names and numbers. All further documents shall be filed only in the lead case.

Explanation:

Under Code of Civil Procedure section 1048, subdivision (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.

The procedural requirements under California Rules of Court, rule 3.350, require a separate copy of the notice of motion for consolidation must be filed by the moving party in each case that the party seeks to consolidate. (Cal. Rules of Court, rule 3.350(a)(1)(C).) However, the supporting memorandum, declarations, and other papers only need to be filed in the lowest numbered case. (Id., rule 3.350(a)(2)(A).)

Here, the actions stem from the same motor vehicle incident and involve common questions of law and fact such that consolidation for all purposes would promote judicial economy and convenience.

Although there is a technical defect in the motion, the court finds that defendants have substantially complied with the requirements for a motion to consolidate. The defect is non-prejudicial because all parties were noticed of the motion. Therefore, the court will grant the motion despite the procedural defect.