Judge: Colin Leis, Case: 22STCV02666, Date: 2023-11-20 Tentative Ruling

Case Number: 22STCV02666    Hearing Date: November 20, 2023    Dept: 74

Elicia Johnson v. 800 Mariposa, L.P., et al.

Motion to Consolidate Cases.

The court considered the moving papers. No opposition was timely filed.

BACKGROUND      

            This action arises from Duncan Campbell’s death.

            On January 24, 2022, Plaintiff Elicia Johnson (Plaintiff) filed a complaint against Defendants 800 Mariposa, L.P., Wayne Young, Ben Gentry, Ltd, and JKT, Inc. (Defendants). The complaint alleges two causes of action: negligence (wrongful death) and negligence (survivor’s action).

            On March 25, 2022, Plaintiff’s sisters, Jacqueline Campbell and Suzanne McKenzie, filed a complaint against the same Defendants (Jacqueline Campbell, et al. v. 800 Mariposa, L.P., et al., Los Angeles Superior Court, case number 22STCV10481.) The complaint alleges the same causes of action as the complaint in this action.

            On March 3, 2023, the court found the two actions related.

            On October 6, 2023, Plaintiff filed this motion to consolidate.

LEGAL STANDARD 

            Code of Civil Procedure section 1048 grants discretion to trial courts to consolidate actions involving common questions of law or fact. “Consolidation is not a matter of right; it rests solely within the sound discretion of the trial judge . . .” (Fisher v. Nash Bldg. Co. (1952) 113 Cal.App.2d 397, 402.) There are two types of consolidation under section 1048: “a consolidation for purposes of trial only, where the two actions remain otherwise separate; and a complete consolidation or consolidation for all purposes, where the two actions are merged into a single proceeding under one case number and result in only one verdict or set of findings and one judgment.” (Hamilton v. Asbestos Corp. (2000) 22 Cal.4th 1127, 1147.)

DISCUSSION

            The court will consolidate the two actions because they involve the same decedent, incident, Defendants, and causes of action. Moreover, Defendants have not filed a timely opposition.

CONCLUSION

              The court grants Plaintiff’s motion to consolidate this action with Jacqueline Campbell, et al. v. 800 Mariposa, L.P., et al., Los Angeles Superior Court, case number 22STCV10481.

            The court will sign the Proposed Order filed on October 6.

            Plaintiff shall give notice.