Riverside County could team up with Corona resident and attorney Richard D. Ackerman in a legal fight against the state and the operator of the private toll lanes along Highway 91.

Ackerman filed a motion Monday morning asking a Riverside County Superior Court judge to consolidate his lawsuit and the county's against the California Department of Transportation and toll-road operator California Private Transportation Co.

"The issues are so similar," said Ackerman, who plans to run for a seat on the Corona City Council in November. "We don't want inconsistent rulings that could hurt either side."

A hearing on the consolidation is scheduled for July 21 in Riverside County Superior Court.

Ackerman and county officials want to alleviate traffic congestion for commuters driving to Orange County on Highway 91. Under a 1999 settlement agreement, Caltrans is prohibited from making highway improvements that would ease gridlock and take consumers from the toll road. Caltrans can only make highway improvements when daily traffic reaches 370,000 cars a day for one year.

The 10-mile stretch of privately owned toll road stretches along the freeway's median from the Riverside County-Orange County line to Highway 55.

Before filing his motion, Ackerman discussed that issue with lawyers representing the county in its lawsuit.

"Mr. Ackerman's lawsuit raises some of the same issues the county has," said Jeffrey V. Dunn, an attorney with the law firm Best, Best Krieger. "You don't want two different cases dealing with the same issues."

But county officials are waiting to review Ackerman's motion before taking a position on consolidating both lawsuits, Dunn said.

With about 25,000 daily users, toll-road officials say commuters express their support for the express lanes every day.

"We continue to believe Mr. Ackerman's lawsuit is totally without merit," said Greg Hulsizer, general manager of the toll road. "The only reason he's doing this is because he wants to try to ride the coattails of the county lawsuit and waste taxpayers money. . . . We believe the county's lawsuit is also without any basis."

California Department of Transportation spokesman Jim Drago said the department does not comment on litigation.

The consolidation motion does not include a lawsuit filed in December by the Riverside County Transportation Commission against the state and the toll-lanes operator. The commission claims the state wrongfully allowed drivers to use the publicly owned carpool lanes to reach the toll road even if one person was in the vehicle.

Also on Monday, Ackerman filed a separate motion seeking class-action status for the lawsuit.

"If every person filed, you'd have a whole bunch of lawsuits," he said.

An Aug. 1 court hearing is scheduled on the certification of the class-action lawsuit.

In January, Ackerman filed his lawsuit against California Private Transportation Co. claiming safety concerns and unfair business practices. In the lawsuit, Ackerman asks for $100 million to be placed in a trust for the public interest and benefit of Corona, Riverside County and all plaintiffs.

In March, Riverside County filed a lawsuit against the state Department of Transportation and the toll operator alleging Caltrans sacrificed public safety when it entered into the 1999 agreement with the toll road operator. The county's lawsuit calls for turning the private toll road over to Caltrans and voiding the agreement between Caltrans and the toll operator.