Judge: Armen Tamzarian, Case: 22STCV22785, Date: 2024-02-14 Tentative Ruling
Case Number: 22STCV22785 Hearing Date: February 14, 2024 Dept: 52
(1)
Non-Appearance Case Review Re: Notice of Related Case; (2) Defendant Marjorie Abrahams’s
Motion to Consolidate Cases
Defendant Marjorie Abrahams filed a notice
of related case for this action and Latasha Grigsby v. Marjorie Abrahams, et
al., No. 23CMCV00151. Abrahams also
moves to consolidate the two actions for all purposes.
The actions are related. Cases are related when they “[i]nvolve the
same parties and are based on the same or similar claims” (Cal. Rules of Court,
rule 3.300(a)(1)) or “[a]rise from the same or substantially identical
transactions, incidents, or events requiring the determination of the same or
substantially identical questions of law or fact” (rule 3.300(a)(2)).
The latter case alleges personal injury
and premises liability based on plaintiff Latasha Grigsby falling on February
16, 2021, while using the stairs at 776 East Meadbrook Street, Carson,
California 90746. (Comp., ¶¶ 8-10.) The first case alleges various causes of
action related to Grigsby’s and the other plaintiffs’ tenancy at 776 East
Meadbrook Street. It includes the
allegation that “the stairs at the subject property were deteriorating and
cracking,” and “on or about February 2021, plaintiff Latasha Grigsby slipped
and fell on the stairs at the subject property, causing pain to her back, neck,
and legs.” (Comp., ¶ 20.)
Both actions arise in part from an
identical incident: Grigsby falling on the stairs in February 2021. The first action includes the same claim for
negligence between the same parties, except for defendant 776 East Meadbrook,
which is only named as a defendant in the second case.
The court also finds good cause to consolidate
the actions. 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 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.”
These cases involve common questions of law or fact regarding Grigsby’s
fall in February 2021. Consolidating the
cases for all purposes will promote judicial economy.
The court finds this action is related
to Latasha
Grigsby v. Marjorie Abrahams, et al., No. 23CMCV00151. The court hereby reassigns case No.
23CMCV00151 to Department 52 at Stanley Mosk Courthouse.
Defendant
Marjorie Abrahams’s motion to consolidate the actions for all purposes is granted. The court hereby consolidates this
action, case No. 22STCV22785, with case No. 23CMCV00151 for all purposes
including trial.