Judge: Daniel S. Murphy, Case: 23STCV24858, Date: 2025-05-23 Tentative Ruling
Case Number: 23STCV24858 Hearing Date: May 23, 2025 Dept: 32
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RONALD ACITO, Plaintiff, v. LANCE SOARES
INCORPORATED, et al., Defendants.
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Case No.: 23STCV24858 Hearing Date: May 23, 2025 [TENTATIVE]
order RE: plaintiff’s motion to consolidate |
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BACKGROUND
On October 11, 2023, Plaintiff
Ronald Acito filed this action against Defendants Lance Soares Incorporated and
Lance Soares, alleging wage violations and retaliation.
On April 21, 2025, Plaintiff filed
the instant motion to consolidate this case with the related case Alex
Velasquez, et al. vs. Lance Soares Incorporated, et al. (23STCV28499).
Defendants have not filed an opposition.
LEGAL STANDARD
“When actions involving a common question
of law or fact are pending before the court, it may order a joint hearing or
trial of any or all the matters in issue in the actions; it may order all the
actions consolidated and it may make such orders concerning proceedings therein
as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc., § 1048(a).)
DISCUSSION
With the exception of Plaintiff
Acito’s claim for wrongful termination, the complaints in both cases allege
substantially identical causes of action against the same employer. This will
involve common questions of law and fact which would lead to inefficiency if
the cases are tried separately. Thus, the Court finds good cause to consolidate
the two cases.
CONCLUSION
Plaintiff’s motion to consolidate is
GRANTED. The cases Ronald Acito, et al., vs. Lance Soares Incorporated, et
al. (23STCV24858) and Alex Velasquez, et al. vs. Lance Soares, et al.
(23STCV28499) are consolidated for all purposes. Ronald Acito, et al., vs.
Lance Soares Incorporated, et al. (23STCV24858) is the lead case.