Judge: Gregory Keosian, Case: 20STCV40698, Date: 2022-08-22 Tentative Ruling

Case Number: 20STCV40698    Hearing Date: August 22, 2022    Dept: 61

Plaintiffs Federal Insurance Company and Chubb Insurance Company’s Motion to Consolidate is GRANTED.

Plaintiffs to give notice.

I.                MOTION TO CONSOLIDATE

“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, subd. (a).)

“Under the statute and the case law, there are thus two types of consolidation: a consolidation for purposes of trial only, where the two actions remain otherwise separate; and a complete consolidation or consolidation for all purposes, where the two actions are merged into a single proceeding under one case number and result in only one verdict or set of findings and one judgment.” (Hamilton v. Asbestos Corp., Ltd. (2000) 22 Cal.4th 1127, 1147.)

The decision to consolidate cases is a matter for trial court discretion. (Todd-Stenberg v. Dalkon Shield Claimants Trust (48 Cal.App.4th 976, 978–79.)

Plaintiffs move to consolidate this case with Burnham v. Mattvi Brothers Leasing, Inc., LASC Case No. 20STCV40698. That case has already been deemed related to the present case, and both cases arise from the same set of facts: the death of non-party decedent Kelli Haskell in a fatal accident in October 2018. Counsel for Plaintiffs and Defendants in the Burnham case have already stipulated to consolidation of these cases. (Meyer Decl. Exh. A.)

The ends of justice and judicial efficiency favor consolidating these cases for all purposes. They involve an identical transaction, and their consolidation will avoid duplicative motions and discovery demands. Consolidation will also remove the risk of conflicting rulings on similar issues in different courts.

The motion to consolidate is therefore GRANTED.