The motion by Trilogy Plumbing, Inc. (“Trilogy”) and Matrix Management, LLC for Consolidation is GRANTED. The matters entitled, Trilogy Plumbing, Inc. v. Meza, OCSC Case No. 30-2020-01131251 and Zions Bancorporation, N.A. v. Trilogy Plumbing, Inc., OCSC Case No. 30-2020-01159133, are ordered consolidated for all purposes, with the lead case being Trilogy Plumbing, Inc. v. Meza, Case No. 30-2020-01131241.
After consideration of the factors under CCP § 1048(a), it is evident that there are common issues of fact and law in these cases since the First Amended Complaint in Case No. 30-2020-01131241 and the Cross-Complaint in Case no. 30-2020-01159133 involve nearly the same parties and claims. Moreover, because Zions Bancorporation N.A. dba California Bank & Trust’s (“CB&T”) alleged misconduct was raised in Trilogy’s answer in Case No. 30-2020-01159133, whether CB&T owed certain duties to Trilogy related to Rosalba Meza’s withdrawals, whether CB&T breached its duties or engaged in misconduct that caused Trilogy any damages, and whether Trilogy is entitled to any credit, setoff or offset against amounts Trilogy allegedly owes to CB&T, are at issue in both lawsuits. Accordingly, much of the same witnesses and evidence will be involved in both lawsuits.
Accordingly, in order to avoid contradictory judgments and multiplicity of lawsuits – the purpose behind the law of exclusive concurrent jurisdiction and the statutory plea of abatement – the lawsuits should be consolidated.
Further, CB&T has not demonstrated any prejudice would result by consolidation. This Order is without prejudice to the right of any party in due course to seek further orders under CCP § 1048(b).
Plaintiff is ordered to give notice.