Judge: Virginia Keeny, Case: 21VECV00329, Date: 2022-09-13 Tentative Ruling

Case Number: 21VECV00329    Hearing Date: September 13, 2022    Dept: W

NPI dEBT FUND i, lp v. PROPERTY COWBOYS, LLC, et al.

MOTION TO CONSOLIDATE

Date of Hearing:        September 13, 2022             Trial Date:       None set.  

Department:              W                                            Case No.:        21VECV00329

Moving Party:            Defendant and Cross-Defendant Steve Kott

Responding Party:     No Opposition filed.  

BACKGROUND

On March 10, 2021, NPI Debt Fund I, LP (“Plaintiff”) filed the breach of contract action, Case No. 21VECV00329 (“Contract Case One”), against Property Cowboys, LLC; Robert Brard; and Steven Kott (together the “Defendants”).

The next day, on March 11, 2021, Plaintiff filed a separate breach of contract action against the identical Defendants, Case No. 21VECV00333 (“Contract Case Two”).

The cases were related on July 28, 2021. Defendant Kott now moves to consolidate them.

[Tentative] Ruling

Defendant Steve Kott’s unopposed motion to consolidate is GRANTED.

ANALYSIS

Code of Civil Procedure section 1048 states: “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.”

Under California Rules of Court, Rule 3.350(a)(1), a notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and (C) Be filed in each case sought to be consolidated.  (2) The motion to consolidate: (A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case; (B) Must be served on all attorneys of record and all non-represented parties in all of the cases sought to be consolidated; and (C) Must have a proof of service filed as part of the motion. 

The Court finds the actions involve common questions of law and fact. All the parties, causes of action, and cross-claims are identical. Further, both actions involve contracts for a loan by Plaintiff to Defendant Property Cowboys, LLC entered into on November 15, 2017. Defendants Robert Brard and Steven Kott allegedly guaranteed the repayment of those loans, respectively. When Defendants allegedly defaulted on the loans, Plaintiff filed two nearly identical lawsuits, against the Defendants. Further, in each lawsuit, Defendant Robert Brard cross-complained against Defendant Steven Kott for indemnity, claiming that he and Kott entered into an indemnity agreement sometime in 2017.

The Court also finds that Kott has complied with California Rules of Court, Rule 3.350(a).

The motion is GRANTED.