Judge: Armen Tamzarian, Case: 22STCV30669, Date: 2023-10-24 Tentative Ruling

Case Number: 22STCV30669    Hearing Date: October 24, 2023    Dept: 52

Defendant Robert Rose’s Motion to Consolidate

Defendant Robert Rose moves to consolidate this action with the related case Century Rooter and Jetting Service, Inc. v. Douglas Knight, et al., No. 22STCV33976.

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.” 

In the first action, plaintiffs Douglas Knight and Vicki Knight bring claims against defendant Robert Rose for financial elder abuse, various torts, and corporate dissolution of Century Rooter and Jetting Service, Inc. (Century Rooter).  Its gravamen is that Rose allegedly sought to misappropriate the Knights’ interest in Century Rooter.  (FAC, ¶¶ 14-15, 19.)  

In case No. 22STCV33976, Century Rooter, Robert Rose, and other plaintiffs allege various torts against defendants Douglas Knight, Vicki Knight, and James Knight.  The gravamen of that action is that the Knights allegedly stole funds from Century Rooter.  (¶¶ 6-9, 12-19.) 

As the court concluded when finding the cases related, they involve competing claims between shareholders about the management and ownership of Century Rooter.  They arise from substantially similar events and require determining substantially identical questions of law or fact.  The court finds that consolidating the two actions for trial will serve the interest of judicial economy.

Defendant Robert Rose’s motion to consolidate is granted.  The court hereby consolidates case No. 22STCV30669 and case No. 22STCV33976.