Judge: David B. Gelfound, Case: 22CHCV01488, Date: 2025-04-15 Tentative Ruling

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Case Number: 22CHCV01488    Hearing Date: April 15, 2025    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO CONSOLIDATE

Motion filed: 11/21/24

MOVING PARTY: Plaintiff Farmers Insurance Exchange

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: An order consolidating two related cases Farmers Insurance Exchange v. Progressive Roofing and Does 1 through 30 (Case No. 22CHCV01488) and Oregon Mutual Insurance Company v. Niko Bogun d/b/a Progressive R&M et al. (Case No. 24CHCV00577), with Case No. 22CHCV01488 designated as the lead case.

TENTATIVE RULING: The motion is GRANTED.

BACKGROUND

Both actions arise from alleged damages caused by a fire that occurred on February 3, 2022, on the rooftop of 17018 Devonshire Street, Northridge, CA 91325.

On December 27, 2022, Plaintiff Farmers Insurance Company (“Farmers Insurance”) filed a Complaint (Case No. 22CHCV01488) for subrogation against Defendant Progressive Roofing (“Progressive Roofing”) and Does 1 through 30. Subsequently, Progressive Roofing filed its Answer on March 23, 2023.

On February 26, 2024, Plaintiff Oregon Mutual Insurance Company (“Oregon Mutual Insurance”) filed a Complaint (Case No. 24CHCV00577) for negligence against Defendant Niko Bogun d/b/a Progressive Roofing (“Progressive Roofing,” who, although sued under the name Niko Bogun d/b/a Progressive R&M, is the same party named as Defendant in Case No. 22CHCV01488) and Does 1 to 60. Subsequently, Progressive Roofing filed its Answer in that case on June 24, 2024.

On June 4, 2024, Plaintiff Farmers Insurance filed a Notice of Related Case (the “Notice”). On the same day, the Court granted the Notice, deeming the cases related, with Case No. 22CHCV01488 designated as the lead case. (6/4/24 Minute Order.)

On November 21, 2024, Farmers Insurance filed the instant Motion to Consolidate (the “Motion”).

No Opposition or Reply papers have been received by the Court.

ANALYSIS

Code of Civil Procedure section 1048 grants discretion to trial courts to consolidate actions involving common questions of law or fact. “Consolidation is not a matter of right; it rests solely within the sound discretion of the trial judge . . .” (Fisher v. Nash Bldg. Co. (1952) 113 Cal.App.2d 397, 402.)

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A.    Motion to Consolidate

The Court finds that consolidation is warranted under Code of Civil Procedure section 1048, subdivision (a).

First, both cases are pending before this Court. Second, the cases involve a common question of fact – both arise from the same fire incident that occurred on February 3, 2022, on the rooftop of 17018 Devonshire Street, Northridge, CA 91325. Third, the cases present common questions of law, specifically negligence liability asserted against the same Defendant Progressive Roofing. Fourth, as noted by Farmers Insurance, consolidation will be convenient for parties, witnesses, and counsel. (Ferber Decl. ¶ 8.) Fifth, consolidation will help avoid the risk of inconsistent rulings. Sixth, no oppositions to the Motion have been filed by any party.

 Accordingly, in the interest of judicial economy, the Court GRANTS the Motion and designates the lower-numbered matter, Case No. 22CHCV01488, as the lead case. (Cal. Rules of Court, rule 3.350, subd. (b).)

CONCLUSION

Plaintiff Farmers Insurance Exchange’s Motion to Consolidate is GRANTED.

Moving party is to give notice.