Judge: Mark C. Kim, Case: 22LBCV00049, Date: 2022-12-08 Tentative Ruling

Case Number: 22LBCV00049    Hearing Date: December 8, 2022    Dept: S27

1.     22LBCV00049

On 2/01/22, SEJ Properties, L.P. filed 22LBCV00049 against Defendants, 1801-1899 Willow, LLC and Alma D. Barnes for specific performance and related claims arising out of Defendants’ alleged refusal to close escrow on Plaintiff’s purchase of a commercial property.

On 3/29/22, the Court denied Defendants’ motion to expunge lis pendens, finding Plaintiff had established the probable validity of its claims against Defendants. 

2.     22SMCV00217

On 2/16/22, SEJ Properties, L.P. filed 22SMCV00217 against Defendants, Escrow L.A., Inc. and Sharon L. Sharp for breach of fiduciary duty and related claims arising out of Defendants’ refusal to release the funds that were deposited into the escrow account in connection with the transaction at issue in 22LBCV00049.

3.     Motion to Consolidate

The two above cases were deemed related on 6/22/22.  Plaintiff moves to consolidate the cases, correctly noting that they arise out of the same set of facts and circumstances, such that consolidation is in the interest of justice.

The Court notes that Plaintiff failed to comply with CRC 3.350(a), which requires notice of the motion to be filed in all cases sought to be consolidated.  The Court finds Plaintiff gave notice to all parties in both actions, and no party has opposed the motion; the Court will therefore rule on the motion despite the procedural defect, but asks Plaintiff to ensure compliance with all Rules of Court in the future in connection with this and other actions.

Because the cases arise out of the same commercial real estate purchase transaction, the Court finds consolidation is appropriate under CCP §1048(a).  The motion to consolidate is granted.  22LBCV00049 is the lead case.  All future hearing dates in 22SMCV00217 are vacated.  The Court will schedule the 4/04/23 hearing on demurrer and 4/20/23 hearing on motion for reconsideration for the same dates in 22LBCV00049.  The parties must file all future papers in 22LBCV00049 and must schedule all future hearing dates in 22LBCV00049.

4.     CMC and OSC

The parties are reminded that there is a CMC and OSC on calendar today concurrently with the hearing on the above motion.  The Court asks Counsel to make arrangements to appear remotely at the hearing on the motion, the CMC, and the OSC.