Judge: Blaine K. Bowman, Case: 37-2023-00002369-CU-DF-CTL, Date: 2024-05-10 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - May 09, 2024
05/10/2024 08:30:00 AM C-74 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Blaine K. Bowman
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Civil - Unlimited Defamation Motion Hearing (Civil) 37-2023-00002369-CU-DF-CTL NOBILITY SD LLC VS ROCHER [IMAGED] CAUSAL DOCUMENT/DATE FILED:
Plaintiffs Nobility SD, LLC, Paul Basile and Jules Wilson's motion to consolidate is GRANTED. CCP § 1048(a).
The court finds this case and the related case titled Perfecte Rocher, et al. v. Nobility SD, LLC, et al.
Case No. 37-2023-00018169-CU-WT-CTL (Case No. 18169) involve common questions of law and fact
and that consolidation for all purposes including trial will avoid unnecessary costs and/or delay. The court also finds consolidation will avoid the possibility of inconsistent rulings. The court is not persuaded by any of the arguments Perfecte Rocher and Alia Rocher raise. Preliminarily, the analysis of Gridley v. Gridley (2008) 166 Cal.App.4th 1562 supports a finding that this court has jurisdiction to resolve this motion while Perfecte Rocher's appeal on his CCP § 425.16 motion is pending. The Rochers point to what they contend are inconsistent arguments raised by Nobility/Basile/Wilson in opposition to Perfecte Rocher's prior motion for consolidation. However, the Rochers do not dispute that they previously recognized that these cases involve 'the same parties' and are 'based on the same or similar claims' [ROA 4 (Case No. 18169)] and Perfecte Rocher previously recognized that 'both cases share many of the same key facts and witnesses' 'require[] similar and duplicative evidentiary proof between the same parties' and share 'substantially similar factual bases, evidence, witnesses, parties, and even identical attorneys' [ROA 28 (Case No. 2369)]. Although Perfecte Rocher presented some of these arguments in the context of his motion to consolidate for discovery purposes only, a similar analysis applies on this motion for consolidation for all purposes. While the claims in the Nobility/Basile/Wilson complaint and the Rochers' complaint vary, the court finds Nobility/Basile/Wilson establish that the common questions of law and fact, including those relating to Perfecte Rocher's ownership interest in Nobility, are substantial and require consolidation to avoid unnecessary costs and/or delay and to prevent inconsistent rulings. The court finds these considerations outweigh any prejudice to the Rochers.
Accordingly, the court exercises its discretion in favor of consolidation. The court consolidates this matter with Case No. 18169 (Rocher v. Nobility) matter for all purposes. This matter, Case No.
37-2023-00002369-CU-DF-CTL, shall be the lead case.
The court vacates the Trial Readiness Conference and Trial dates in Case No. 18169. The court re-sets Plaintiffs' three discovery motions, set for hearing in Case No. 18169 on June 7, 2024, to August 23, 2024, at 8:30am. The court re-sets Plaintiffs' motion to bifurcate, set for hearing in Case No. 18169 on May 31, 2024, and Plaintiffs' motion to amend, set for hearing in Case No. 18169 on June 14, 2024, to August 23, 2024, at 8:30am.
Discovery shall continue in Case No. 18169.
Calendar No.: Event ID: TENTATIVE RULINGS
3100023 1 CASE NUMBER: CASE TITLE: NOBILITY SD LLC VS ROCHER [IMAGED] 37-2023-00002369-CU-DF-CTL The court sets a Status Conference for November 15, 2024 at 10:30am.
If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.
Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.
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3100023 1