Judge: Curtis A. Kin, Case: 20STCV11634, Date: 2022-08-09 Tentative Ruling

Case Number: 20STCV11634    Hearing Date: August 9, 2022    Dept: 72

MOTION TO CONSOLIDATE

Date:               8/9/22 (8:30 AM)

Case:               John A. Ireland v. Samuel Ledwitz et al. (20STCV11634)

TENTATIVE RULING:

Plaintiff John A. Ireland’s Motion to Consolidate Case No. BC635198 with Case No. 20STCV11634 is GRANTED. Pursuant to CCP §1048(a), the following actions are consolidated for all purposes: Dana E. Ireland, Conservator v. Bezaire, Ledwitz & Associates, APC et al., Case No. BC635198 (“Conservator Action”) and John A. Ireland v. Samuel Ledwitz et al. action, Case No. 20STCV11634 (“J. Ireland Action”).

Defendants Samuel Ledwitz and Bezaire, Ledwitz & Borncamp, APC’s requests for judicial notice are DENIED as “unnecessary to the resolution” of the issues before the Court. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1075.)

As a preliminary matter, in response to defendants Michael C. Millea and Beach Cities RE, Inc.’s argument, the Court notes that, on November 21, 2019, defendant Neighborhood Escrow, Inc. was dismissed from the Conservator Action with prejudice pursuant to the granting of summary judgment. Accordingly, Neighborhood Escrow, Inc. is no longer a party in the Conservator Action. Service of the moving papers on Neighborhood Escrow, Inc. was not necessary.

The two actions involve common questions of fact, specifically Samuel Ledwitz and Bezaire, Ledwitz & Borncamp, APC’s (“Ledwitz defendants”) legal representation of Katherine Ireland in connection with the planning of her estate. 

In the Conservator Action, plaintiff Keenan Brown, who was substituted into this action as Special Administrator of the Estate of Katherine Ireland, alleges that Linda Petrillo was exerting undue influence over Katherine Ireland, which resulted in the execution of estate planning documents that allowed the sale of Katherine Ireland’s residence in Manhattan Beach below market value. (Conservator Action Compl. ¶¶ 25, 28, 35-37.) The Ledwitz defendants allegedly failed to properly advise Katherine Ireland that the sale of her residence was not preferable. (Conservator Action Compl. ¶¶ 36, 38.)

In the J. Ireland Action, John Ireland alleges he was damaged due to the Ledwitz defendants’ prioritization of the interests of Linda Petrillo over the interests of Katherine Ireland, resulting in the execution of documents allowing for the sale of the residence of Katherine Ireland. (J. Ireland Action ¶¶ 16, 17.)

Even though defendants Michael C. Millea and Beach Cities RE, Inc. are not defendants in the J. Ireland action, both actions concern the sale of Katherine Ireland’s residence in Manhattan Beach and Linda Petrillo’s role in the execution of estate planning documents allowing for the sale. The Ledwitz defendants’ arguments concerning statute of limitations and standing are not pertinent to whether the Conservator Action and the J. Ireland Action should be consolidated.

The Court finds that consolidation of the Conservator Action and the J. Ireland Action for all purposes is warranted. Documents are to be filed under Case No. BC635198.