Judge: William A. Crowfoot, Case: 22AHCV00886, Date: 2024-07-11 Tentative Ruling

Case Number: 22AHCV00886    Hearing Date: July 11, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

U&G CONSTRUCTION GROUP INC.,

                    Plaintiff(s),

          vs.

 

REAL PROSPERITY INVESTMENT LLC,

 

                    Defendant(s).

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     CASE NO: 23STCV01341

Related to Case No. 22AHCV00886

 

 

[TENTATIVE] ORDER RE: MOTION TO CONSOLIDATE

 

Dept. 3

8:30 a.m.

July 11, 2024

 

Plaintiffs U&G Construction Group, Inc. and Zhuoheng Gu (collectively, “Plaintiffs”) seek an order consolidating Case No. 22AHCV008866 with Case No. 23STCV01341 for all purposes including trial, contending the two actions arise out of the same real property and the same alleged scheme to induce Plaintiff to purchase and make improvements to said property during escrow.

Plaintiffs also seek leave to file a proposed Second Amended Complaint in the consolidated action which would merge all allegations against the parties in both actions into a single pleading. Defendant CDMY Investment, LLC (“CDMY”), is named in both actions but has only appeared in Case No. 23STCV01341 to file demurrers, which have been sustained with leave to amend. CDMY does not oppose this motion to consolidate or the request to file an amended complaint. Accordingly, the Court GRANTS the unopposed motion because there are overlapping issues of fact and the parties in both actions are identical. (Code Civ. Proc., § 1048.) Plaintiffs are ordered to file the proposed complaint within 5 days of the date of this Order.

Case No. 22AHCV00886 is the lead case. All future papers must be filed in Case No. 22AHCV00886. All future hearing dates must be reserved in Case No. 22AHCV00886. All future hearing dates currently pending in Case No. 23STCV01341 are vacated. The Court sets an OSC re: Failure to File Proof of Service for August 21, 2024, at 8:30 a.m. in Department 3.

Plaintiffs are ordered to give notice and file a notice of this order in both cases.

Dated this 11th day of July 2024

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.