Judge: Michael E. Whitaker, Case: 23SMCV01467, Date: 2023-12-13 Tentative Ruling

Case Number: 23SMCV01467    Hearing Date: December 13, 2023    Dept: 207

TENTATIVE RULING

MOTION

Plaintiff Federal Insurance Company (“Plaintiff”) moves to consolidate Teresija Sigmund v. Darlington Villas Homeowners Association, Inc., et al. (Super. Ct. L.A. County, 2023, No. 23SMCV01467) with Federal Insurance Company v. Loya Roofing Co., Inc. (Super. Ct. L.A. County, 2023, No. 23SMCV02768) for all purposes.  The motion is unopposed.    

ANALYSIS

Code of Civil Procedure, section 1048, subdivision (a) provides:

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.

            Per Local Rule 3.3, subdivision (g), “Cases may not be consolidated unless they are in the same department.  A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.”  (Super. Ct. L.A. County, Local Rules, rule 3.3(g)(1).)  Once the Court relates the cases, the Court may consolidate the actions and order a joint trial on matters that “involve[e] a common question of law or fact.”  (Code Civ. Proc., § 1048, subd. (a).)

            Plaintiff filed a notice of related case on July 21, 2023, which the Court rejected.  After discussion with counsel for Plaintiff and Defendants at the status conference held on November 30, 2023, the Court vacated the denial of the Notice of Related Case and deemed the cases related.  (December 1, 2023 Minute Order.) 

            Plaintiff contends Defendant Loya Roofing, Co., Inc. dba Actual Roofing Co. in the “Federal” case ending in -2768 is also defendant in the “Sigmund” case ending -1467, that both cases assert a cause of action for negligence, and both actions arise from the same flood of the same residential building involving adjacent units 3 and 4.  Plaintiff further contends that consolidation will avoid duplicative evidence procedures and avoid potentially inconsistent adjudications.

            As such, the Court finds that consolidation is warranted as the cases present common issues of fact regarding the same underlying incident. 

CONCLUSION AND ORDER

The Court grants Plaintiff’s motion to consolidate Teresija Sigmund v. Darlington Villas Homeowners Association, Inc., et al. (Super. Ct. L.A. County, 2023, No. 23SMCV01467) with Federal Insurance Company v. Loya Roofing Co., Inc. (Super. Ct. L.A. County, 2023, No. 23SMCV02768). 

The Court further orders that the cases are consolidated for all purposes and Teresija Sigmund v. Darlington Villas Homeowners Association, Inc., et al. (Super. Ct. L.A. County, 2023, No. 23SMCV01467) is designated as the lead case per California Rules of Court, rule 3.350(b).  The Court further orders that all proceedings and hearing dates in Federal Insurance Company v. Loya Roofing Co., Inc. (Super. Ct. L.A. County, 2023, No. 23SMCV02768) are vacated.

            Plaintiff shall provide notice of the Court’s ruling and file a proof of service of such.

DATED:  December 13, 2023                                                ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court