Judge: Daniel M. Crowley, Case: 22STCV02797, Date: 2022-12-06 Tentative Ruling

Case Number: 22STCV02797    Hearing Date: December 6, 2022    Dept: 28

Defendants CCDFI Mariposa QOZB, LLC and Ketter Construction, Inc.’s Motion to Consolidate Cases

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On January 24, 2022, Plaintiffs Oscar Eduardo Hidalgo Loya (“Loya”) and Manuela Esmit Tellez Mora (“Mora”) filed this action Defendants The Ketter Group, LLC (“KG”), Calcrete Construction, Inc. (“Calcrete”), and CCDFI Mariposa QOZB, LLC (“CCDFI”) for negligence, premises liability and loss of consortium. Plaintiffs later amended the complaint to include Defendants Ketter Construction, Inc. (“KC”), Bolivar Levi Ramirez (“Ramirez”) and Ferrocrete Builders, Inc. (“Ferrocrete”).

On April 11, 2022, KC and CCDFI filed an answer. On June 21, 2022, Calcrete filed an answer. On July 28, 2022, the Court dismissed Ramirez, without prejudice, pursuant to Plaintiff’s request. On October 14, 2022, Ferrocrete filed an answer.

On September 28, 2022, CCDFI and KC (“Moving Defendants”) filed a Motion to Consolidate Cases to be heard on December 6, 2022.

Trial is current scheduled for July 24, 2023.

PARTY’S REQUESTS

Moving Defendants request the Court consolidate this case with Case No. 22STCV05246, entitled Benchmark Insurance v. Ketter Construction, Inc, et al.

LEGAL STANDARD

According to CCP § 1048, when actions involved a common question or law or fact, it may order a joint hearing or trial, or order all actions consolidated.

Los Angeles County Superior Court Local Rule 3.3(g) provides as follows: “(1) Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department. (2) Upon consolidation of cases, the first filed case will be the lead case, unless otherwise ordered by the court. After consolidation, all future papers to be filed in the Consolidated case must be filed only in the case Designated as the lead case”

DISCUSSION

Moving Defendants allege that both cases arise out of the incident and involve common parties to the action. Both cases stem from at the incident in which Loya allegedly fell into a ditch while in the course and scope of his employment; one is a complaint for negligent, and the other for subrogation on behalf of the insurer who paid out workers’ compensation insurance. They have the same basic questions of fact or law. The cases were deemed related on May 18, 2022. It is within the interest of judicial economy to consolidate these actions. As such, the Court grants the motion.

CONCLUSION

Defendants CCDFI Mariposa QOZB, LLC and Ketter Construction, Inc.’s Motion to Consolidate Cases is GRANTED. Case No. 22STCV02797 and Case No. 22STCV05246 are consolidated, with Case No. 22STCV02797 designated as the lead case.

                Moving Party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.