Judge: Michael Shultz, Case: 22CMCV00324, Date: 2023-01-31 Tentative Ruling
Case Number: 22CMCV00324 Hearing Date: January 31, 2023 Dept: A
22CMCV00324 B.J. Hawke v.
Linda J. Allen, Alfreda M. Williams, et al.
[TENTATIVE] ORDER
I.
BACKGROUND
FACTS
The complaint filed on September 19, 2022, alleges that Plaintiff
owns a one-ninth interest in real property located at 438 East Markton Avenue,
Los Angeles. Defendant, Linda J. Allen, allegedly forged Plaintiff’s name on a
declaration purporting to disclaim his interest in the property. Among other
causes of action, Plaintiff alleges claims for quiet title, conversion, breach
of fiduciary duty, and partition of real property. Defendant Allen filed an
answer on December 19, 2022. Defendants, Alfreda M. Williams, individually and
as Trustee of the Alfreda Williams Living Trust (collectively, Williams) were
served with the summons and complaint on September 27, 2022. Williams did not
file an answer, and Plaintiff has not obtained entry of default. A trial date
has not been set.
On September 19, 2022, Plaintiff Hawke filed a notice to
relate Case No. 22CMCV00090 Linda J. Allen v. Alfreda Williams, Alfreda
Williams Living Trust (Allen matter) filed April 1, 2022, to this case. Both
cases are pending in Department A of the Compton courthouse. The complaint in
Allen seeks partition by sale of the same real property. Plaintiff and
Defendant Williams, who are sisters, allegedly own a one-half interest in the property.
The Williams Defendants filed their answer on April 26, 2022. A jury trial is
set for February 6, 2023. Plaintiff Hawke filed this motion on December 28, 2022,
to relate and consolidate both cases based on the parties’ stipulation (which
the Court has rejected). Both cases involve common questions of law and fact requiring
determination of the competing interests in the East Markton Avenue property. On
January 13, 2023, the parties filed a joint stipulation to relate and
consolidate the cases and to continue trial for at least nine months to permit
the parties to complete discovery.
II. DISCUSSION
A pending civil case is related to another pending civil case
if the cases: “(1) Involve the same
parties and are based on the same or similar claims; (2) Arise from the same or
substantially identical transactions, incidents, or events requiring the
determination of the same or substantially identical questions of law or fact;
(3) Involve claims against, title to, possession of, or damages to the same
property; or (4) Are likely for other reasons to require substantial
duplication of judicial resources if heard by different judges.” Cal. Rules of Court, rule 3.300. Both cases are related as they will both require
the determination of title to the same real property and involve the same or
substantially identical questions of law or fact.
The decision to consolidate is a matter for
the court’s discretion. Muller v. Robinson (1959) 174 Cal.App.2d 511,
515. Consolidation is appropriate if the cases involve
common questions of law or fact, and consolidation will avoid unnecessary costs
and delay or the necessity of two trials. Code Civ. Proc., § 1048. For the same reasons discussed previously,
consolidation is appropriate in this case.
III.
CONCLUSION
Based on the foregoing, the Court
finds that 22CMCV00324 (Hawke) is related to and consolidated with 22CMCV00090
(Allen). The Allen case is designated as the lead matter. The trial and FSC
dates in the Allen matter are advanced and vacated. The Case Management
Conference in the Hawke case set for March 22, 2023, at 8:30 a.m. remains on
calendar. All parties in the now-consolidated cases are ordered to appear.