Judge: Maurice A. Leiter, Case: 22STCV28570, Date: 2022-10-24 Tentative Ruling

Case Number: 22STCV28570    Hearing Date: October 24, 2022    Dept: 54

Hearing Date: October 24, 2022

Department 54, Judge Maurice A. Leiter

Motion to Consolidate

Moving Party: Plaintiff Alicia Crawford

Responding Party: Defendant Ethel Crooks

T/R:     THE 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, opposition, and reply.

“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 Alicia Crawford moves to consolidate: (1) 22STCV28570 (Crawford v. Crooks); and (2) 22CHUD00788 (Crooks v. Crawford). Plaintiff asserts that this action for quiet title and the related unlawful detainer action involve common issues of fact and law. The actions concern the same real property, which was owned by Darrell Crooks at the time of his death. Darrell died intestate. Crawford, Darrell’s long time romantic partner, asserts they had an agreement that Crawford would inherit the property. Ethel Crooks, Darrell’s mother, claims she is the rightful heir of the property.

In opposition, Crooks asserts that she will be prejudiced by consolidation. Crooks contends that Crawford is living on the property rent free and is not paying the mortgage, which is in default. Crooks argues she will be prejudiced without the expedited procedures of UD. Crooks also requests that a trial preference be granted if the motion is granted.

Consolidation is appropriate. Both actions involve the same parties, the same property, and the same issue of ownership. Consolidation will conserve costs and judicial resources. If Crooks seeks a trial preference, she may file a properly-noticed motion and the Court will consider it.

The motion is GRANTED.