Judge: Teresa A. Beaudet, Case: 22STCV06811, Date: 2023-01-11 Tentative Ruling

Case Number: 22STCV06811    Hearing Date: January 11, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Defendants Baldwin Hills Multi Family, LLC (“Baldwin Hills”) and Moss and Company (“Moss”) (jointly, “Defendants”) seek to consolidate the instant case with Vincent Bowman v. Baldwin Hills Multi Family, LLC, et al., Case No. 22STCV08301 (“the Breach of Contract Case”). The instant case and the Breach of Contract Case were related pursuant to this Court’s July 1, 2022 order.  

Defendants now move for an order consolidating for all purposes the instant case and the Breach of Contract case. The motion is unopposed.

Discussion

Code of Civil Procedure section 1048 grants discretion to trial courts to consolidate actions involving common questions of law or fact. “Consolidation is not a matter of right; it rests solely within the sound discretion of the trial judge . . . .” (Fisher v. Nash Bldg. Co. (1952) 113 Cal.App.2d 397, 402.) There are two types of consolidation under section 1048: “a consolidation for purposes of trial only, where the two actions remain otherwise separate; and a complete consolidation or consolidation for all purposes, where the two actions are merged into a single proceeding under one case number and result in only one verdict or set of findings and one judgment.” (Hamilton v. Asbestos Corp. (2000) 22 Cal.4th 1127, 1147.)

Defendants seek to consolidate the instant action and the Breach of Contract Case for all purposes. Defendants contend that both actions involve the same parties and common questions of law or fact arising out of Plaintiff Vincent Bowman’s (“Plaintiff”) tenancy at property owned and managed by Defendants. Defendants also assert that consolidation would avoid the risk of inconsistent adjudications, would avoid unnecessary costs, and would preserve court resources.

On February 24, 2022 Plaintiff, in pro per, filed the instant action against Defendants. The Complaint in the instant action appears to assert one cause of action for fraud. Plaintiff alleges that Baldwin Hills is the owner of 4046 Coco Ave., Los Angeles CA 90008, and that Moss is Baldwin Hills’s management company. (Compl., p. 1.) Plaintiff alleges that Defendants attempted to fraudulently evict him from his apartment and steal monies Plaintiff used to repair a window in his apartment. (Compl., p. 1.) Plaintiff further alleges that Defendants tried to “harass and manipulate [Plaintiff] into letting them replace the window [he] already paid to have fixed… so they could not complete the task, have [Plaintiff] fail the second Inspection and have Housing deny future rent payments which might lead to [Plaintiff’s] eviction.” (Compl., p. 2.)

On March 8, 2022, Plaintiff, in pro per, filed the Breach of Contract Case against Defendants, which appears to assert one cause of action for breach of contract. In the Breach of Contract Case, Plaintiff alleges that Defendants refused to install a smoke detector in Plaintiff’s apartment, and that the apartment failed two housing inspections. (Compl., pp. 2-3.) Plaintiff alleges that this is a breach of the warranty of habitability and of the contract with “Section 8 housing” and Defendants. (Compl., p. 3.) Plaintiff also alleges that Defendants’ refusal to address Plaintiff’s noise complaints and Defendants’ policy regarding parking spaces is a breach of the contract between Section 8 housing and Defendants. (Compl., pp. 4.-5)

As Defendants note, both cases involve the same parties. The Court agrees with Defendants that the instant action and the Breach of Contract Case involve common questions fact. Based on the foregoing, the Court finds it appropriate to consolidate the two actions.

Conclusion

For the foregoing reasons, the Court grants Defendants’ motion to consolidate.

Defendants are ordered to give notice of this ruling.

DATED:  January 11, 2023                           

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Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court