Judge: Elaine W. Mandel, Case: 22SMCV00660, Date: 2022-07-27 Tentative Ruling

Case Number: 22SMCV00660    Hearing Date: July 27, 2022    Dept: P

Tentative Ruling
Gandy v. Bardinet, Case No. 22SMCV00660
Hearing Date July 27, 2022
Defendant’s Motion to Consolidate (UNOPPOSED)

Plaintiff Gandy filed two lawsuits arising out of his tenancy at a property owned by defendant Bardinet, one in small claims court and one as an unlimited civil claim. Bardinent moves to consolidate. No opposition was filed.

Under Cal. Code of Civ. Proc. §1048, actions involving common questions of law or fact can be consolidated upon noticed motion. Matters involving essentially the same or overlapping issues should be consolidated and disposed of as a single proceeding. E.g. Spector v. Superior Court (1961) 55 Cal.2d 839, 844.

Bardinet argues the claims involve the same issues; in both Gandy alleges illegal conditions and/or wrongful conduct by Bardinet during the tenancy at the property. The motion is unopposed, and the complaints indicate sufficient overlapping issues to justify consolidation. GRANTED. The cases are consolidated under case no. 22SMCV00660 in Department P.