This case was last updated from Los Angeles County Superior Courts on 05/25/2022 at 02:41:24 (UTC).

LDI MECHANICAL, INC., A DELAWARE CORPORATION VS WESTERN NATIONAL BUILDERS, A CALIFORNIA CORPORATION, ET AL.

Case Summary

On 08/09/2021 LDI MECHANICAL, INC , A DELAWARE CORPORATION filed a Property - Other Real Property lawsuit against WESTERN NATIONAL BUILDERS, A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Beverly Hills Courthouse located in Los Angeles, California. The Judges overseeing this case are HELEN ZUKIN and CURTIS A. KIN. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9165

  • Filing Date:

    08/09/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

HELEN ZUKIN

CURTIS A. KIN

 

Party Details

Plaintiffs

LDI MECHANICAL INC. A DELAWARE CORPORATION

LDI MECHANICAL INC.

Defendants and Cross Defendants

PPF AMLI 4242 VIA MARINA GP LLC A DELAWARE LIMITED LIABILITY COMPANY

PPF AMLI 4242 VIA MARINA LP A DELAWARE LIMITED PARTNERSHIP

WESTERN NATIONAL BUILDERS A CALIFORNIA CORPORATION

PPF AMLI 4242 VIA MARINA GP LLC

PPF AMLI 4242 VIA MARINA LP

WESTERN NATIONAL BUILDERS

Cross Plaintiff and Defendant

PPF AMLI 4242 VIA MARINA LP

Attorney/Law Firm Details

Plaintiff Attorney

TOWNSEND MICHAEL S.

Defendant Attorney

WATSON ALAN J

Cross Defendant Attorney

PEPEK MICHAEL J.

 

Court Documents

Notice of Lis Pendens

8/17/2021: Notice of Lis Pendens

Order to Show Cause Failure to File Proof of Service

8/25/2021: Order to Show Cause Failure to File Proof of Service

Notice of Case Management Conference

8/25/2021: Notice of Case Management Conference

Notice - NOTICE OF OCTOBER 21, 2021 O.S.C. RE: RELATED CASES

8/27/2021: Notice - NOTICE OF OCTOBER 21, 2021 O.S.C. RE: RELATED CASES

Notice of Related Case

8/27/2021: Notice of Related Case

Proof of Personal Service

9/7/2021: Proof of Personal Service

Proof of Personal Service

9/7/2021: Proof of Personal Service

Proof of Personal Service

9/7/2021: Proof of Personal Service

Proof of Service by Mail

9/8/2021: Proof of Service by Mail

Answer

9/21/2021: Answer

Cross-Complaint

9/21/2021: Cross-Complaint

Summons - SUMMONS CROSS-COMPLAINT

9/22/2021: Summons - SUMMONS CROSS-COMPLAINT

Answer

9/23/2021: Answer

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: ORDER TO SHOW CAUSE RE: FAILU...)

10/27/2021: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: ORDER TO SHOW CAUSE RE: FAILU...)

Case Management Statement

12/8/2021: Case Management Statement

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 12/13/2021

12/13/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 12/13/2021

Minute Order - MINUTE ORDER (COURT ORDER)

12/13/2021: Minute Order - MINUTE ORDER (COURT ORDER)

Notice of Related Case

12/14/2021: Notice of Related Case

26 More Documents Available

 

Docket Entries

  • 04/20/2022
  • DocketNotice (of Recording Bond to Release Mechanic?s Lien); Filed by PPF AMLI 4242 Via Marina GP, LLC (Defendant); PPF AMLI 4242 Via Marina, LP (Defendant)

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  • 03/30/2022
  • Docketat 08:30 AM in Department 207, Helen Zukin, Presiding; Case Management Conference - Held

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  • 03/30/2022
  • Docketat 08:30 AM in Department 207, Helen Zukin, Presiding; Case Management Conference - Not Held - Vacated by Court

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  • 03/30/2022
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 03/15/2022
  • Docketat 11:50 AM in Department 207, Helen Zukin, Presiding; Court Order - Held

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  • 03/15/2022
  • Docketat 10:53 AM in Department 207, Helen Zukin, Presiding; Court Order - Held

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  • 03/15/2022
  • DocketCertificate of Mailing for ((Court Order) of 03/15/2022); Filed by Clerk

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  • 03/15/2022
  • DocketCertificate of Mailing for ((Court Order) of 03/15/2022); Filed by Clerk

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  • 03/15/2022
  • DocketMinute Order ((Court Order) of 03/15/2022); Filed by Clerk

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  • 03/15/2022
  • DocketMinute Order ((Court Order) of 03/15/2022); Filed by Clerk

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31 More Docket Entries
  • 08/27/2021
  • DocketNotice (OF OCTOBER 21, 2021 O.S.C. RE: RELATED CASES); Filed by Western National Builders (Defendant)

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  • 08/27/2021
  • DocketNotice of Related Case; Filed by Western National Builders (Defendant)

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  • 08/25/2021
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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  • 08/25/2021
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 08/25/2021
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 08/17/2021
  • DocketNotice of Lis Pendens; Filed by LDI Mechanical, Inc. (Plaintiff)

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  • 08/09/2021
  • DocketComplaint; Filed by LDI Mechanical, Inc. (Plaintiff)

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  • 08/09/2021
  • DocketCivil Case Cover Sheet; Filed by LDI Mechanical, Inc. (Plaintiff)

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  • 08/09/2021
  • DocketSummons (on Complaint); Filed by LDI Mechanical, Inc. (Plaintiff)

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  • 08/09/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: *******9165 Hearing Date: May 19, 2022 Dept: 207

Superior Court of California

County of Los Angeles

Beverly Hills Courthouse | Department 207

ADVANCED GEOSOLUTIONS, INC.

Plaintiff,

v.

WESTERN NATIONAL BUILDERS, et al.

Defendants.

Case Nos.: SC127147, Related to: *******9165, 21STCV28298, 21STCV20436, 21SMCV01309, 21SMCV01426, 21SMCV01351, 21SMCV01488, 22SMCV00161, 22SMCV00159

Hearing Date: 5/19/22

Trial Date: 11/28/22

[TENTATIVE] RULING RE:

OSC re: Consolidation

Background

This litigation and its nine related actions all arise from the construction of a six-building housing project known as AMLI Marina Del Rey and involve actions brought by subcontractors seeking, among other relief, payment for work performed on the project. The Court requested briefing as to whether these related actions should be consolidated for discovery, and whether any party objected to such consolidation. A Joint Brief in support of consolidation was filed on May 3, 2022, by Western National Builders, PPF AMLI 4242 Via Marina, LLC, PPF AMLI 4242 Marina GP, LLC, and PPF AMLI 4242 Via Marina LP.

Standard for Consolidation

Code Civ. Proc. 1048(a) allows the Court to consolidate actions involving common questions of law or fact: “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.”

Consolidation, however, is not a matter of right; it rests solely within the sound discretion of the trial judge. (Fisher v. Nash Bldg. Co. (1952) 113 Cal.App.2d 397, 402.) Actions may be thoroughly “related” in the sense of having common questions of law or fact, and still not be “consolidated,” if the trial court, in the sound exercise of its discretion, chooses not to do so. (Askew v. Askew (1994) 22 Cal.App.4th 942, 964.) On the other hand, actions may be consolidated in the discretion of the trial court whenever it can be done without prejudice to a substantial right. (Carpenson v. Najarian (1967) 254 Cal.App.2d 856, 862.) In deciding whether to grant a motion to consolidate, the court should weigh whether the common issues predominate over the individual issues and whether any risks of jury confusion or prejudice to the parties outweighs the reduction in time and expense that would result from consolidation. (Todd-Stenberg v. Shield (1996) 48 Cal.App.4th 976, 978.)

Analysis

The litigation concerning the subject project began as a straightforward collection and mechanics lien matter brought by one subcontractor, Advanced Geosolutions, Inc. The litigation has now spawned a total of ten separate actions involving the owner, general contractor, as well as various subcontractors and design professionals implicating issues of construction defects and repair costs that will be the subject of expert testimony and concern overlapping questions of fact as to the construction and repair of the six-building project.

On its review of these actions and the briefing on the issue of consolidation, the Court finds these actions involve common questions of law and fact such that consolidating these actions will avoid unnecessary costs and delay to the parties in trying these matters separately, will be the most efficient use of judicial resources, and will serve the interests of justice by avoiding any risk of inconsistent verdicts based on the same or similar evidence and witness testimony. The Court recognizes that these actions are not identical in scope, and concern different work performed by different entities. However, the actions concern the construction and repair of the same six-building project, and will necessarily require apportionment of liability, damages, and repair costs among the various parties.

The Court is also mindful that one party, Dino’s Masonry, Inc.—Plaintiff in action 21SMCV01488—has objected to the consolidation of its case with the other nine actions concerning the project. Dino’s Masonry argues that its action remains a straightforward collections matter that does not implicate questions of construction defect, and thus it should not be forced to expend time and money to participate in a consolidated construction defect litigation or comply with a Case Management Order which does not relate to the claims asserted in this litigation. At the hearing on the Order to Show Cause, the Court will hear further oral argument from Dino’s Masonry on the issues of whether its action should be exempt from consolidation or compliance with the Case Management Order.

Conclusion

The Court orders the ten related actions SC127147, *******9165, 21STCV28298, 21STCV20436, 21SMCV01309, 21SMCV01426, 21SMCV01351, 21SMCV01488, 22SMCV00161, and 22SMCV00159 consolidated pursuant to Code Civ. Proc. 1048 as action SC127147.

Dated: May 19, 2022

Helen Zukin

Judge of the Superior Court


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