Judge: Glenda Sanders, Case: 2021-01216803, Date: 2022-09-02 Tentative Ruling

Motion to Consolidate

Defendant Ox Car Care, Inc. moves to consolidate the following to matters: (1) Burrola v. Ox Car Care Inc., Case No. 2021-01216803 and (2) Burrola v. Ox Car Care Inc., Case No. 2021-01228564.

The motion is granted.

Pursuant to C.C.P. §1048(a), “[w]hen 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 action; 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.”

Consolidation “is a matter committed to the sound discretion of the trial [court].”  Fellner v. Steinbaum (1955) 132 Cal.App.2d 509, 511; see also Hamilton v. Asbestos Corp., Ltd. (2000) 22 Cal.4th 1127, 1149 (“Consolidation under Code of Civil Procedure section 1048 is permissive, and it is for the trial court to determine whether the consolidation is for all purposes or for trial only.”)  

The subject cases are a PAGA-only action and a wage and hour class action. Both actions are against the same Defendant and are premised on the same Labor Code violations during overlapping time periods. While there are two additional Plaintiffs in the class action who are not named Plaintiffs in the PAGA-only action, that does not change the court’s analysis.

The two actions overlap significantly and involve a common defendant. They will involve common issues of law and fact, and share common witnesses and evidence. Joining the actions will promote judicial efficiency.

The case Burrola v. Ox Car Care Inc., Case No. 2021-01216803 is ORDERED consolidated with Burrola v. Ox Car Care Inc., Case No. 2021-01228564 for all purposes. It is FURTHER ORDERED that Case No. 2021-01216803 shall serve as the lead case.

The court reminds the parties that a status conference is scheduled for December 7, 2022 at 1:30PM. A joint report shall be filed ten calendar days prior to that date.

MP to give notice.

If the parties submit on the tentative and inform the clerk before 1:30 PM today by jointly emailing her at CX101@occourts.org, no appearance is necessary.