Judge: David A. Hoffer, Case: 30-20-01153678, Date: 2022-08-01 Tentative Ruling

The Motion by Defendant RMS Franchise Group, Inc. (“RMS”) to consolidate the present action, Case No. 30-2020-01153678 (“3678”) with 5^th & PCH, LLC v. Yogesh Patel, et al OCSC 30-2020-01153774 (“3774”) is GRANTED. 

Consolidation is appropriate in this instance, as the two actions arise out of the exact same lease entered into with the same defendants for the same property. The two actions both involve nonpayment of rent. The only variables between the cases are the time frame for which the rent was due to each plaintiff and the respective amounts owed. Two separate actions concerning a contract sued upon for payments of rent in installments may be consolidated in the court’s discretion. (CCP §1048(a); Strickler Co. v. Eisner (1935) 5 Cal.App.2d 441, 443-444).

The facts, witnesses and likely a majority of the documentary evidence will be nearly identical in both cases. The fact that evidence in one case might not be admissible in the other or that all the parties are not the same are not bars to consolidation. (Jud Whitehead Heater Co. v. Obler (1952) 111 Cal.App.2d 861, 867). 

The court finds that consolidation will promote judicial economy, avoid unnecessary duplication of evidence and avoid substantial danger of inconsistent judgments. Neither plaintiff in either case has demonstrated prejudice to their substantial rights.

Pursuant to CRC 3.350(b), Case 3678 shall be designated the lead action.  All documents filed in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of all other consolidated cases. (Id. at subd. (d)).

Defendant RMS shall submit a Proposed Order to the court and give notice of this ruling.