Judge: Colin Leis, Case: 23STCV27404, Date: 2024-03-15 Tentative Ruling

Case Number: 23STCV27404    Hearing Date: March 25, 2024    Dept: 74

Susan Carriere v. Field Asset Service, Inc., et al.

Defendants’ Motion to Transfer and Consolidate Actions

The court considered the moving papers. The motion is unopposed.

BACKGROUND

            This action arises from an employment dispute.

            On June 13, 2023, Plaintiff Susan Carriere (Plaintiff) filed a complaint against Defendants Field Asset Services, Inc., Field Asset Services, LLC, Xome Field Services, LLC, and Cyprexx Services, LLC (Defendants). The complaint alleges one cause of action for violation of the unfair competition law.

            On February 23, 2024, Defendants filed this motion to transfer other actions to this court. Defendants also seek consolidation of all the actions.

LEGAL STANDARD           

              For non-complex cases, a judge in one court may order cases pending in other courts transferred to the judge’s court if the cases: (1) involve a common question of fact or law with a case pending in the judge’s court; (2) meet the criteria for coordination under Code of Civil Procedure section 404.1; and (3) the cases are not complex. (Code Civ. Proc., § 403.)

            To assess whether coordination is appropriate, courts consider the following factors: (1) whether the common question of fact or law is predominating and significant to the litigation; (2) the convenience to the parties, witnesses, and counsel; (3) the relative development of actions and work product of counsel; (4) the efficient utilization of judicial facilities and manpower; (5) the calendar of the courts; (6) the disadvantages of duplicative and inconsistent rulings, orders, or judgments; and (7) the likelihood of settlement of the actions should coordination be denied. (Code Civ. Proc., § 404.1.)

            Upon transfer, the cases may be consolidated for trial without further notice or hearing. (Code Civ. Proc., § 403.)

DISCUSSION 

            As a preliminary matter, the court notes the distinction between this motion to transfer actions under Code of Civil Procedure section 403, and a petition for coordination under Code of Civil Procedure section 404. The latter applies to complex actions and requires submission of a petition to the Chair of the Judicial Council, who may then assign a judge to determine whether the actions are complex and, if so, whether coordination is appropriate. (Code Civ. Proc., § 404.) By contrast, in non-complex actions, a party is not required to follow this process. Instead, a party may make a motion to transfer and coordinate actions directly to a judge in a court in which one of the actions is pending. (Code Civ. Proc., § 403.0.)

            Here, Defendants aim to transfer forty-five actions to this court. Defendants contend the actions are not complex. If so, a motion to transfer and consolidate under Code of Civil Procedure section 403 would be the proper vehicle. But to prevail on their motion, Defendants must demonstrate, in part, that the actions meet the standards for coordination specified in Code of Civil Procedure section 404.1. (Code Civ. Proc., § 403.) On December 1, 2023, the court in Department 11 found that the Code of Civil Procedure section 404.1 coordination factors, on balance, supported denial of Defendants’ petition to coordinate the same actions. In what seems to be a roundabout way of seeking reconsideration of Department 11’s ruling, Defendants claim Department 11 did not assess whether the factors disfavored transfer and consolidation, as requested here. (Motion, p. 9.) But Defendants have not cited any authority that motions for transfer and petitions for coordination apply Code of Civil Procedure section 404.1 differently. Rather, both a motion for transfer and a petition for coordination must show “that the actions meet the standards specified in [Code of Civil Procedure] section 404.1.” (Code Civ. Proc., §§ 403, 404.)

CONCLUSION 

            The court denies Defendants’ motion to transfer and consolidate actions.

            Defendants shall give notice.