Judge: Timothy B. Taylor, Case: 37-2022-00039382-CU-PO-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Timothy Taylor

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00039382-CU-PO-CTL ZURICH AMERICAN INSURANCE COMPANY VS THE ESTATE OF SUGATA KALIPAPA DAS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Order to Stay Proceedings, 06/13/2023

Tentative Ruling on Defense Motion to Stay Second Wrongful Death Case In Re Airplane Crash at Santee, Case No. 2022-39382 (and all consolidated cases) Oct. 6, 2023, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture.

These wrongful death/personal injury/property damage/subrogation actions all arise from an airplane crash in Santee just after noon on October 11, 2021. The cases were consolidated for 'all purposes' by agreement on June 6, 2023.* ROA 154, 157-162.

Presently, defendants seek to stay the second-filed Krueger wrongful death action (2023-12781) on the grounds it is duplicative and inconsistent with an earlier-filed wrongful death action by other survivors of decedent Krueger (2022-40449). ROA 176-177, 208. Plaintiffs in the second-filed action filed opposition. ROA 229. Defendants filed reply. ROA 230. The court has reviewed the papers and no further submissions are permitted in connection with this motion.

2. Discussion and Ruling.

The motion to abate/stay is denied.

There are two types of consolidation: '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. Ltd. (2000) 22 Cal.4th 1127, 1147; see, generally 4 Witkin, Cal. Procedure section 305 (4th Ed.).

Here, as noted above, the cases have been consolidated for 'all purposes.' This means that the actions are viewed as if all of the plaintiffs – including both sets of Krueger plaintiffs – had filed a single complaint on joined causes of action against defendants. Thus, there is no basis to abate or stay the second-filed Krueger action.

The court, however, elects to clarify the aforementioned stipulated consolidation ruling. While complete consolidation is appropriate for the Krueger wrongful death plaintiffs, it is not the proper procedural Calendar No.: Event ID:  TENTATIVE RULINGS

2985344  55 CASE NUMBER: CASE TITLE:  ZURICH AMERICAN INSURANCE COMPANY VS THE ESTATE OF  37-2022-00039382-CU-PO-CTL mechanism for the other actions because those cases involve claims which are separate and distinct from the wrongful death claims. Accordingly, Case Nos. 2022-39382, 2022-39681, 2022-40538, 2022-47353, 2023-22367, and 2023-29101 are hereby consolidated for purposes of trial only.

Case No. 2022-39382 shall remain the lead case for all consolidated actions.

The CMC set for Jan. 19, 2024 (ROA 220-221) remains on calendar.

__________________ *Further consolidation was accomplished more recently. ROA 226-227.

Calendar No.: Event ID:  TENTATIVE RULINGS

2985344  55