On 05/06/2020 HIRSCH PIPE SUPPLY CO , INC , A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against MAXXIM PLUMBING CORP , A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.
*******3852
05/06/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
HIRSCH PIPE & SUPPLY CO. INC. A CALIFORNIA CORPORATION
GOULDEN KELLY
BUZZELLI RANDY
MAXXIM PLUMBING CORP. A CALIFORNIA CORPORATION
HERRERA HECTOR
HPI/GSA-1E LLC A DELAWARE LIMITED LIABILITY COMPANY
THE SPEED HAWSE LLC A DELAWARE LIMITED LIABILITY COMPANY
STAROBA SAMANTHA
RIGGEN SAMANTHA
3/17/2021: Order (name extension) - Order [Proposed] Order Granting Motion to Consolidate Actions
4/14/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
4/14/2021: Declaration (name extension) - Declaration of Larry Willner in Lieu of Testimony in Support of a Joint and Several Default Judgment
4/14/2021: Request for Judicial Notice - Request for Judicial Notice
3/17/2021: Minute Order - Minute Order (Hearing on Motion to Consolidate)
3/17/2021: Motion to Consolidate - Motion to Consolidate
3/18/2021: Notice of Ruling - Notice of Ruling
11/30/2020: Notice of Related Case - Notice of Related Case
12/18/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 12/18/2020
10/6/2020: Notice (name extension) - Notice of Entry of Default
9/28/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
9/17/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
9/17/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
7/10/2020: Proof of Personal Service - Proof of Personal Service
7/10/2020: Proof of Personal Service - Proof of Personal Service
5/12/2020: Notice of Lis Pendens - Notice of Lis Pendens
5/6/2020: Summons - Summons on Complaint
5/6/2020: Complaint - Complaint
Hearing05/10/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing11/03/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketRequest for Entry of Default / Judgment; Filed by: Hirsch Pipe & Supply Co., Inc., a California corporation (Plaintiff)
DocketDeclaration of Larry Willner in Lieu of Testimony in Support of a Joint and Several Default Judgment; Filed by: Hirsch Pipe & Supply Co., Inc., a California corporation (Plaintiff)
DocketRequest for Judicial Notice; Filed by: Hirsch Pipe & Supply Co., Inc., a California corporation (Plaintiff)
DocketRequest for Dismissal; Filed by: Hirsch Pipe & Supply Co., Inc., a California corporation (Plaintiff)
DocketSummary of the Case; Filed by: Hirsch Pipe & Supply Co., Inc., a California corporation (Plaintiff)
Docket; On the Complaint filed by Hirsch Pipe & Supply Co., Inc., a California corporation on 05/06/2020
DocketOn the Complaint filed by Hirsch Pipe & Supply Co., Inc., a California corporation on 05/06/2020, entered Request for Dismissal without prejudice filed by Hirsch Pipe & Supply Co., Inc., a California corporation, does 1-50
DocketNotice of Ruling; Filed by: Hirsch Pipe & Supply Co., Inc., a California corporation (Plaintiff)
DocketComplaint; Filed by: Hirsch Pipe & Supply Co., Inc., a California corporation (Plaintiff); As to: Maxxim Plumbing Corp., a California corporation (Defendant); Hector Herrera (Defendant); HPI/GSA-1E, LLC, a Delaware limited liability company (Defendant) et al.
DocketNotice of Lis Pendens; Filed by: Hirsch Pipe & Supply Co., Inc., a California corporation (Plaintiff)
DocketNon-Jury Trial scheduled for 11/03/2021 at 08:30 AM in Spring Street Courthouse at Department 25
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/10/2023 at 08:30 AM in Spring Street Courthouse at Department 25
DocketComplaint; Filed by: Hirsch Pipe & Supply Co., Inc., a California corporation (Plaintiff); As to: Maxxim Plumbing Corp., a California corporation (Defendant); Hector Herrera (Defendant); Randy Buzzelli (Defendant) et al.
DocketSummons on Complaint; Issued and Filed by: Hirsch Pipe & Supply Co., Inc., a California corporation (Plaintiff); As to: Maxxim Plumbing Corp., a California corporation (Defendant); Hector Herrera (Defendant); Randy Buzzelli (Defendant) et al.
DocketCivil Case Cover Sheet; Filed by: Hirsch Pipe & Supply Co., Inc., a California corporation (Plaintiff); As to: Maxxim Plumbing Corp., a California corporation (Defendant); Hector Herrera (Defendant); Randy Buzzelli (Defendant) et al.
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
Case Number: 20STLC03852 Hearing Date: March 17, 2021 Dept: 25
HEARING DATE: Wed., March 17, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: Hirsch Pipe & Supply Co., Inc. v. Maxxim Plumbing Corp., et al.
CASE NUMBER: 20STLC03852 COMPL. FILED: 05-06-20
NOTICE: OK DISC. C/O: 10-31-21
DISC. MOT. C/O: 10-15-21
TRIAL DATE: 11-03-21
PROCEEDINGS: MOTION TO CONSOLIDATE ACTIONS
MOVING PARTY: Plaintiff Hirsch Pipe & Supply Co., Inc.
RESP. PARTY: None
MOTION TO CONSOLIDATE
(CCP § 1048; CRC 3.350)
TENTATIVE RULING:
Plaintiff Hirsch Pipe & Supply Co., Inc.’s Motion to Consolidate Actions is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff files supplemental papers correcting the procedural errors noted herein.
Otherwise, the hearing will be CONTINUED TO MAY 19, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. If continued, Plaintiff will be ordered to file and serve supplemental papers addressing the noted errors at least 16 court days before the next hearing.
SERVICE:
[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK
[X] Correct Address (CCP §§ 1013, 1013a) OK
[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK
OPPOSITION: None filed as of March 15, 2021 [ ] Late [X] None
REPLY: None filed as of March 15, 2021 [ ] Late [X] None
ANALYSIS:
Background
On May 6, 2020, Plaintiff Hirsch Pipe & Supply Co., Inc. (“Plaintiff”) filed an action for breach of contract, common counts, and foreclosure of mechanic’s lien against Defendants Maxxim Plumbing Corp. (“Maxxim”), Hector Herrera (“Herrera”), Randy Buzzelli (“Buzzelli”), and Kelly Goulden (“Goulden”).
Following their failure to respond, default was entered as to Defendants Herrera, Buzzelli, and Goulden on September 17, 2020 and against Defendant Maxxim on September 28, 2020. Defendants Buzzelli and Goulden were dismissed from the action on November 12, 2020.
On May 22, Plaintiff filed a separate action against Defendants Maxxim, Herrera, HPI/GSA-1E (“HPI”), and The Speed Hawse, LLC (“Speed Hawse”), entitled Hirsch Pipe & Supply Co., Inc. v. Maxxim Plumbing Corp., et al., Case No. 20STLC04420.
Plaintiff filed a Notice of Related Case for Case No. 20STLC04420 on November 30, 2020. On December 18, the Court found this action and Case No. 20STLC04420 related within the meaning of California Rules of Court, rule 3.300. (12/18/20 Minute Order.) This case was designated as the lead case. (Id.)
On February 4, 2020, Plaintiff filed the instant Motion to Consolidate Actions (the “Motion”). No opposition was filed.
Legal Standard
California Rules of Court, rule 3.350, subdivision (a) states in relevant part:
(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.
(Cal. Rules of Court, rule 3.350, subd. (a)). (Emphasis added.) Also, the consolidation statute, Code of Civil Procedure section 1048, states in relevant part:
(a) 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.
(b) The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.
(Code Civ. Proc., § 1048, subd. (a).) 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. (See Fellner v. Steinbaum (1955) 132 Cal.App.2d 509, 511.)
Discussion
Plaintiff states that both actions involve the same parties, the same causes of action, and the same witnesses. (Notice of Mot., p. 3:7-9.) Plaintiff also argues that proceeding with both cases together will avoid unnecessary costs and the expenditure of judicial resources. (Mot., p. 3: 6-11.) The Court finds consolidation of this case and Case No. 20STLC04420 is proper and in the interest of judicial economy.
Although the Court is inclined to grant the Motion, the Court notes that Plaintiff did not comply with California Rules of Court, rule 3.350. Specifically, Plaintiff did not file a copy of this Motion in Case No. 20STLC04420 as required by California Rules of Court Rule 3.350, subdivision (a)(1)(C), and did not include in the caption of the Motion all of the cases sought to be consolidated as required by Subdivision (a)(1)(B).
In the interest of judicial economy, the Motion is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff files supplemental papers correcting the errors noted above. Otherwise, the hearing will be continued.
Conclusion & Order
For the foregoing reasons, Plaintiff Hirsch Pipe & Supply Co., Inc.’s Motion to Consolidate Actions is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff files supplemental papers correcting the procedural errors noted herein.
Otherwise, the hearing will be CONTINUED TO MAY 19, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. If continued, Plaintiff will be ordered to file and serve supplemental papers addressing the noted errors at least 16 court days before the next hearing.
Moving party is ordered to give notice.
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