Case Number: BC518335 Hearing Date: February 09, 2015 Dept: 93
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES, STANLEY MOSK COURTHOUSE
DEPARTMENT 93

IMPERIUM INSURANCE COMPANY ADMINISTERED BY TRISTAR RISK ENTERPRISE MANAGEMENT, INC.,

Plaintiff(s),

v.

VERTEX COATINGS, INC., et al.,

Defendant(s).

Case No.: BC518335

Hearing Date: February 9, 2015

[TENTATIVE] ORDER RE:
MOTION OF DEFENDANTS, VERTEX COATINGS, INC. AND CW BUILDERS, INC., TO CONSOLIDATE ACTIONS

The Motion of defendants, VERTEX COATINGS, INC. and CW BUILDERS, INC., to CONSOLIDATE ACTIONS is GRANTED. Accordingly, the Court consolidates Imperium Insurance Company v. Vertex Coatings, Inc., et al. (BC518335) and Duarte v. Martin Brothers Construction, et al. (BC525000) for all purposes. As the cases involve common questions of law and fact, consolidation will promote judicial efficiency and avoid inconsistent adjudications. Imperium Insurance Company v. Vertex Coatings, Inc., et al. (BC518335) is designated the lead case.

BACKGROUND

This action arises out of an accident that occurred on a construction site. Gerardo Duarte (“Plaintiff”) alleges he was injured while working on a jobsite at Universal Studios (“Subject Incident”). CW Builders (“CWB”) had been hired as the project manager of the Universal Studios construction project. Martin Brothers Construction (“MBC”) contracted with Universal Studios to perform painting for the construction project. MBC, in turn, hired Vertex Coatings, Inc. (“Vertex”) as a subcontractor for the project. Following the Subject Incident, Plaintiff obtained worker’s compensation benefits from Imperium Insurance Company (“Imperium”).

On August 14, 2013, Imperium filed a complaint against MBC, CWB, and Vertex seeking reimbursement for worker’s compensation benefits paid to Plaintiff (“Complaint – BC518335”). Additionally, on October 18, 2013, Plaintiff filed a complaint against MBC, CWB, and Vertex asserting a cause of action for Negligence (“Complaint – BC525000”).

The cases were deemed related on February 27, 2014. This motion to consolidate was filed on October 24, 2014. A notice of non-opposition was filed on February 2, 2015.

DISCUSSION

CCP §1048(a) provides:
“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.”

The granting or denial of the motion to consolidate rests in the sound discretion of the trial court, and will not be reversed except upon a clear showing of abuse of discretion. Nat’l Elec. Supply Co. v. Mt. Diablo Unified Sch. Dist. (1960) 187 Cal. App. 2d 418, 421 (citations omitted).

Both cases arise out of the same construction site accident. Additionally, both actions name the same parties as defendants. Based on these common questions of law and fact, consolidation of these cases is appropriate.

VERTEX COATINGS, INC. and CW BUILDERS, INC. are ordered to give notice of this ruling.

Dated: February 9, 2015

_______________________
Howard L. Halm
Judge, Los Angeles Superior Court