On 04/03/2019 ROYAL SUN ALLIANCE INSURANCE PLC ON BEHALF OF UNDERWRITERS SUBSCRIBING TO STOCK THROUGHPUT INSURANCE POLICY NO B090216M706408234 filed a Personal Injury - Other Personal Injury lawsuit against JMI SANITATION SERVICES, INC . This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and MARGARET MILLER BERNAL. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Los Angeles, California
LAURA A. SEIGLE
MARGARET MILLER BERNAL
ROYAL & SUN ALLIANCE INSURANCE PLC ON BEHALF OF UNDERWRITERS SUBSCRIBING TO STOCK THROUGHPUT INSURANCE POLICY NO. B090216M706408234
UNITED FIRE & CASUALTY COMPANY AN IOWA CORPORATION
CHUBB GROUP OF INSURANCE COMPANIES
TURNER PAUL H
INDUSTRIAL FIRE PROTECTION
CALIFORNIA GUARDIAN INC.
TRI ASSOCIATES WEST INC.
FIREMASTER / MASTER PROTECTION CORP.
ROBERT FENNER DBA FIREMASTER / MASTER PROTECTION L.P.
CALIFORNIA PLANT SERVICE INC.
JMI SANITATION SERVICES INC.
TRI INC. A COLORADO CORPORATION
ROES 1 THROUGH 50
TRI INC. A CALIFORNIA CORPORATION
TURNER PAUL H.
MOES 1 THROUGH 25
ROES 1 TO 50
ZOES 1 THROUGH 25
SANCHEZ JENNIFER TOMLIN
ROBB GEORGE GEOFFREY
SONG NICHOLAS WOOJE
FAENZA CHRISTOPHER EDWARD
ARENS RUSSELL R.
SPOONER GABRIEL SCOTT
BAZAZ TALINE GINA
ARENS RUSSELL RICHARD
LEWIS TRACY M
HARVEY JAMES ROBERT
NUSBAUM RICHARD E
NUSBAUM RICHARD EDGAR
TIWANA SIMRANDEEP SINGH
KAHN JAMES NELSON
DEMETRUIS CHRISTINE CAROL
SCANLON TIMOTHY GORDON
NUSBAUM RICHARD E.
3/5/2021: Declaration - DECLARATION OF MORGAN DAY IN OPPOSITION TO DEFENDANTS BARRY WEHMILLER DESIGN GROUP, INC.S APPLICATION FOR ORDER COMPELLING INSPECTION AND PRESERVATION OF EVIDENCE
3/8/2021: Declaration - DECLARATION OF CHRISTINE C. DE METRUIS IN SUPPORT OF DEFENDANT PAUL H. TURNER'S MOTION TO COMPEL UNITED FIRE & CASUALITY COMPANY TO PROVIDE FURTHER RESPONSES TO REQUEST FOR PRODUCTION AN
3/26/2021: Notice - NOTICE OF TAKING DEFENDANT PAUL H. TURNER'S MOTION TO COMPEL
10/6/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; ORDER TO SHOW CAUSE RE: REGARDING S...)
7/23/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER REGARDING RULING ON NOTICE OF RELATED CASE;) OF 07/23/2020
5/13/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 05/13/2020
4/3/2020: Notice of Related Case
4/6/2020: Minute Order - MINUTE ORDER (COURT ORDER REGARDING ADVANCING AND CONTINUING THE HEARING DA...)
11/13/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING STATUS OF THE CROSS COMPLAI...)
10/7/2019: Notice - NOTICE NOTICE OF ERRATA AND CORRECTED CAPTION FOR ANSWER OF DEFENDANT JMI SANITATION SERVICES, INC. TO ROYAL & SUN ALLIANCE INSURANCE PLC'S COMPLAINT
9/6/2019: Notice and Acknowledgment of Receipt
9/6/2019: Notice and Acknowledgment of Receipt
7/10/2019: Case Management Statement
6/10/2019: Minute Order - MINUTE ORDER (COURT ORDER RE NOTICE OF RELATED CASES)
6/10/2019: Minute Order - MINUTE ORDER (ORDER TRANSFERRING PERSONAL INJURY (PI) CASE TO INDEPENDENT C...)
6/13/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (COURT ORDER SETTING CASE FOR CASE MANAGEMENT CONFERENCE/TRIAL...) OF 06/13/2019
Hearing01/25/2022 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Jury TrialRead MoreRead Less
Hearing01/11/2022 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Final Status ConferenceRead MoreRead Less
Hearing12/07/2021 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Mandatory Settlement Conference (MSC)Read MoreRead Less
DocketAmendment to Cross-Complaint (Fictitious/Incorrect Name); Filed by Barry-Wehmiller Design Group, Inc. (Cross-Complainant)Read MoreRead Less
Docketat 09:30 AM in Department C; Hearing on Motion to Compel Further Discovery Responses (to Request For Production and to Produce Documents) - Not Held - Vacated by CourtRead MoreRead Less
DocketNotice (of Taking Defendant Paul H. Turner's Motion to Compel); Filed by Paul H. Turner (Defendant)Read MoreRead Less
Docketat 08:30 AM in Department C; Hearing on Ex Parte Application (for an Order Compelling Inspection and Preservation of Evidence) - HeldRead MoreRead Less
DocketDeclaration (of Christine C. De Metruis in Support of Defendant Paul H. Turner's Motion to Compel United Fire & Casuality Company to Provide Further Responses to Request For Production And To Produce Documents); Filed by Paul H. Turner (Defendant)Read MoreRead Less
DocketSeparate Statement (of Discover Items in Dispute in Support of His Motion to Compel United FIre & Casualty Company to Provide Further Responses to Request For Production and to Produce Documents); Filed by Paul H. Turner (Defendant)Read MoreRead Less
DocketMotion to Compel (Defendant Paul H. Turner's Notice of Motion to Compel United Fired & Casualty Company to Provide Further Responses to Request for Production); Filed by Paul H. Turner (Defendant)Read MoreRead Less
DocketProof of Service by Substituted Service; Filed by United Fire & Casualty Company, an Iowa Corporation (Plaintiff)Read MoreRead Less
DocketCertificate of Mailing for (Minute Order (Court Order re Notice of Related Cases) of 06/10/2019); Filed by ClerkRead MoreRead Less
DocketPI General Order; Filed by ClerkRead MoreRead Less
DocketCertificate of Mailing for ([PI General Order] and Standing Order re PI Procedures and Hearing Dates); Filed by ClerkRead MoreRead Less
DocketComplaint; Filed by 3WL, LLC (per order: 11/19/20) (Plaintiff)Read MoreRead Less
DocketComplaint; Filed by Royal & Sun Alliance Insurance PLC on behalf of Underwriters Subscribing to Stock Throughput Insurance Policy No. B090216M706408234 (Plaintiff)Read MoreRead Less
DocketSummons (on Complaint); Filed by Royal & Sun Alliance Insurance PLC on behalf of Underwriters Subscribing to Stock Throughput Insurance Policy No. B090216M706408234 (Plaintiff)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by Royal & Sun Alliance Insurance PLC on behalf of Underwriters Subscribing to Stock Throughput Insurance Policy No. B090216M706408234 (Plaintiff)Read MoreRead Less
DocketNotice of Case Assignment - Unlimited Civil Case; Filed by ClerkRead MoreRead Less
DocketComplaint (-Pursuant to Court's Order of 8/01/2019, the Complaint is deemed filed 04/02/2019 Nunc Pro Tunc); Filed by United Fire & Casualty Company, an Iowa Corporation (Plaintiff)Read MoreRead Less
Case Number: 19STCV11578 Hearing Date: November 05, 2020 Dept: C
ROYAL & SUN ALLIANCE INSURANCE PLC v. JMI SANITATION SERVICES, INC.
CASE NO.: 19STCV11578
JUDGE: JOHN A. TORRIBIO
Defendant JMI SANITATION SERVICES, INC.’s Motion to Consolidate is GRANTED in part. CCP §1048. This action (19STCV11578) is hereby consolidated with United Fire & Casualty Company v. JMI Sanitation Services, Inc. (19STCV12678); Proportion Foods, LLC v. Fenner (19STCV15621); and Endurance American Specialty Insurance v. JMI Sanitation Services, Inc. (20STCV11715) for pre-trial purposes ONLY, with the subject action acting as the lead case
All dates in case numbers 19STCV12678, 19STCV15621, and 20STCV11715 are hereby VACATED. The dates already set in the subject action remain set.
Moving Party to give Notice.
Trial courts may consolidate actions involving common questions of law or fact. (CCP §1048.) Consolidating actions does not affect the rights of the parties. Consolidation’s purpose is to avoid unnecessary costs or delay, avoid procedural duplication, particularly in proof or issues common to both actions, and avoid inconsistent results by hearing and deciding common issues together. (Estate of Baker (1982) 131 Cal.App.3d 471, 485.) Deciding a motion to consolidate rests in the trial court’s sounds discretion and will not be reversed except upon a clear abuse of discretion showing. (Feliner v. Steinbaum (1955) 132 Cal.App.2d 509, 511.) Two types of consolidation are available: “(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 trial will be conducive to expedition and economy, may order a sperate 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….” (CCP §1048.)
Each case presents its own facts and circumstances, but trial courts generally consider the following factors: (1) the timeliness of the motion: whether granting consolidation would delay the trial of any of the cases involved; (2) complexity: whether joining the actions involved would make the trial too confusing or complex for a jury; and (3) prejudice: whether consolidation would adversely affect the rights of any party (State Farm Mut. Auto. Ins. Co. v. Superior Court (1956) 47 Cal.2d.428, 430-431.) In deciding a motion consolidate, a court should weigh whether the common issues predominate over the individual issues and whether any risks of jury confusion or prejudice to the parties outweigh reducing time and expense that would result from the consolidation. (Todd-Stenberg v. Shield (1996) 48 Cal.App.4th 946, 978.)
In its Moving Papers, Plaintiff argues that consolidation for all purposes is proper where Case Numbers 19STCV11578, 19STCV12678, 19STCV15621, and 20STCV11715 including overlapping parties and arise from the same fire loss and share common questions of law and fact.
In Opposition, Defendants argue that the actions should be consolidated for pretrial discovery only.
In Reply, Plaintiff concedes that consolidation for all purposes is not yet ripe for adjudication and that “JMI does not seek a ‘complete consolidation’…at this juncture…. JMI concurs that the parties, theories of liability and scope of issues at trial may be substantially different at the time of trial than what is currently known.” (Reply 2:20-26.) However, Plaintiff maintains that the Court should consolidate the related cases for all pre-trial purposes, and not just pre-trial discovery.
It is undisputed that all of the cases involve the same operative facts—a fire that destroyed Proportion Foods on Compton Avenue in Los Angeles, CA in April 2017. It is also undisputed that the related cases do not involve identical parties, and that the theories of liability and scope of issues may change well before trial(s). In the interests of judicial efficiency, the Court finds that the actions involve common questions of law and fact, and should be consolidated for all pre-trial purposes. Therefore, the Motion to Consolidate is GRANTED in part. The matters are consolidated for all pre-trial purposes ONLY. The issue of consolidation for trial purposes, severance, bifurcation or any other related issues may be raised by the parties at a later time.
Get Deeper Insights on Court Cases