Judge: Richard S. Whitney, Case: 37-2022-00018951-CU-PO-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00018951-CU-PO-CTL CRST INTERNATIONAL INC VS MALCOLM [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFF CRST INTERNATIONAL, INC'S UNOPPOSED MOTION TO CONSOLIDATE FOR ALL PURPOSES INCLUDING TRIAL is GRANTED.

Failure to file any opposition to the motion indicates Defendants' acquiescence that the motion is meritorious. (California Rules of Court, Rule 8.54(c).) Plaintiff CRST International, Inc. ('Plaintiff') moves to consolidate under CCP section 1048, which provides in relevant part: 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.

(Code Civ. Proc., § 1048.) There are two types of consolidation: a complete consolidation resulting in a single action, and a consolidation of separate actions for trial. Under the former procedure, which may be utilized where the parties are identical and the causes could have been joined, the pleadings are regarded as merged, one set of findings is made, and one judgment is rendered. In a consolidation for trial, the pleadings, verdicts, findings and judgments are kept separate; the actions are simply tried together for the sake of convenience and judicial economy.

(Sanchez v. Superior Court (1988) 203 Cal.App.3d 1391, 1396.) The Court agrees the actions involve common questions of law and fact. The Court does not doubt there will be efficiencies gained from consolidation. The Court agrees with Plaintiff that the matter should be consolidated for all purposes. The Court also agrees the matters should be moved to this Court where the first case was filed. (See California Union Ins. Co. v. Trinity River Land Co. (1980) 105 Cal.App.3d 104, 109.) The motion is granted and consolidation of the actions in Department 68 is hereby ordered.

Calendar No.: Event ID:  TENTATIVE RULINGS

2938571  49