Judge: Mark H. Epstein, Case: 23SMCV00354, Date: 2024-09-17 Tentative Ruling

Case Number: 23SMCV00354    Hearing Date: September 17, 2024    Dept: I

This is a motion to consolidate two cases (already related) for all purposes including trial.  The court agrees and the motion is GRANTED.  Both cases relate to the same construction project.  The only difference goes to the type of recovery.  Steelworks contends that the matters should not be consolidated because one of the cases (its case) involves a lien, which is equitable in nature.  It also notes that foreclosure is an equitable remedy that is tried by the court, not a jury.  According to Steelworks, consolidating the case would deprive it of its right to a bench trial.

The court is not convinced.  Equitable issues need not, and will not, be presented to the jury.  The court will decide those.  And evidence that goes only to the equitable claims (if any) will not be introduced during the first, jury, phase of the trial.  However, requiring separate trials—especially if the equitable claim goes first—will require the needless re-introduction of evidence during the second phase.  Efficiency favors consolidation here.