Judge: Shirley K. Watkins, Case: 22VECV00328, Date: 2022-09-20 Tentative Ruling

Case Number: 22VECV00328    Hearing Date: September 20, 2022    Dept: T

          Plaintiffs Lauren and Anthony Papa’s Motion to  Consolidate is GRANTED.

Introduction

Plaintiffs Lauren and Anthony Papa (Plaintiffs) move to consolidate the instant action (Lead Case) with related case no. 22VECV00607, titled John R. Yermian and Mahrouz Cohen, Trustees of the Yermian Family Trust, et al. v. Papa et al. (UD Case.) 

            Discussion 

            There are SUBSTANTIAL procedural defects cited in the Opposition, any of which could support denial of the motion. The Court, however, reviews the issues on the merits but admonishes counsel for failure to comply with court rules in filing the motion.

Consolidating two cases requires a showing of common questions of law or fact.  (Code Civ. Proc. sec. 1048.)  Plaintiffs argue that there are common questions of law or fact because the two actions involve the same events, transactions and parties related to the same real property.  The Lead Case involves habitability claims and habitability is an affirmative defense with the UD case (now a breach of contract case because possession is no longer in issue.) The court agrees that the cases should be consolidated.

            The motion to consolidate is GRANTED.

            Parties must use the caption above.

            No documents are to be filed any further in 22VECV00607 and, if so, will be disregarded.  Counsel are responsible for advising their court staff of these orders.

            IT IS SO ORDERED, CLERK TO GIVE NOTICE.