Judge: Maurice A. Leiter, Case: 20STCV19934, Date: 2023-05-15 Tentative Ruling

Case Number: 20STCV19934    Hearing Date: May 15, 2023    Dept: 54

Hearing Date: May 15, 2023

Department 54, Judge Maurice A. Leiter

Motion to Consolidate

Moving Party: Plaintiff Khaled J. Al-Sabah

Responding Party: Defendant Michael Edward Bass

T/R:    PLAINTIFF’S MOTION TO CONSOLIDATE IS GRANTED.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

            The Court considers the moving papers and non-opposition.

BACKGROUND

            On July 15, 2020, Plaintiff Khaled J. Al-Sabah filed the operative first amended complaint against Defendants Michael Edward Bass, Ronald Richards, and Usman Shaikh, asserting causes of action for breach of fiduciary duty, breach of contract, theft, money had and received, conversion and accounting. Al-Sabah alleges that Bass was to be Al-Sabah’s “representative” in the US. Al-Sabah alleges he wired Bass $2.5 million to hire attorney Defendant Shaikh to represent Al-Sabah in an unrelated embezzlement lawsuit. Al-Sabah alleges that Bass kept $2 million of his money.

            On November 18, 2020, Bass filed a cross-complaint against Al-Sabah, asserting causes of action for (1) breach of contract; (2) fraud; (3) UCL violations; (4) unjust enrichment; (5) money had and received; (6) open book account; and (7) breach of the implied covenant of good faith and fair dealing. After two demurrers, Bass filed the operative second amended cross-complaint asserting causes of action for (1) breach of contract; (2) fraud; (3) breach of the implied covenant of good faith and fair dealing; (4) UCL Violations; (5) civil conspiracy; (6) tortious interference; (7) conversion; (8) unjust enrichment; and (9) open book account.

Bass alleges that Al-Sabah engaged Bass as his “representative” in US for $5 million dollars. Bass alleges that he was also “induced” to “forgo legal claims” worth $10 million against third-party Victor Noval. Bass alleges Al-Sabah has failed to pay him $5 million.

ANALYSIS

“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.”  (CCP § 1048(a).)

Plaintiff moves to consolidate: (1) 20STCV19934 (Al-Sabah v. Bass); and (2) 23STCV04590 (Al-Sabah v. Bass). The lead case seeks redress for Bass allegedly misappropriating money given to him by Al-Sabah. The later filed case seeks redress for Bass’ allegedly fraudulent transfers of property and cash to avoid repayment to Al-Sabah.

Plaintiff asserts the cases should be consolidated because they involve the same parties and related facts. Though the actions involve discreet issues, there are sufficient common issues to justify consolidation in the interest of judicial economy. Both actions arise out of Bass’s conduct in connection with the power of attorney granted to him by Al-Sabah in 2019. Defendant does not oppose Plaintiff’s motion.

Plaintiff’s motion is GRANTED.