Cedric A Beaty et al vs Homer T Hayward Lumber Co et al

Case Number

22CV04267

Case Type

Hearing Date / Time

Mon, 03/18/2024 - 10:00

Nature of Proceedings

(10) Motion: Compel

Tentative Ruling

“A pending civil case is related to another pending civil case, or to a civil case that was dismissed with or without prejudice, or to a civil case that was disposed of by judgment, if the cases:

                “(1)        Involve the same parties and are based on the same or similar claims;

                “(2)        Arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact;

                “(3)        Involve claims against, title to, possession of, or damages to the same property; or

                “(4)        Are likely for other reasons to require substantial duplication of judicial resources if heard by different judges.” (Cal. Rules of Court, rule 3.300(a).)

“Whenever a party in a civil action knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must serve and file a Notice of Related Case.” (Cal. Rules of Court, rule 3.300(b).) “The Notice of Related Case must be filed in all pending cases listed in the notice and must be served on all parties in those cases.” (Cal. Rules of Court, rule 3.300(d).) “The Notice of Related Case must be served and filed as soon as possible, but no later than 15 days after the facts concerning the existence of related cases become known.” (Cal. Rules of Court, rule 3.300(e).) “The duty under (b)-(e) is a continuing duty that applies when a party files a case with knowledge of a related action or proceeding, and that applies thereafter whenever a party learns of a related action or proceeding.” (Cal. Rules of Court, rule 3.300(f).)

“If all the related cases have been filed in one superior court, the court, on notice to all parties, may order that the cases, including probate and family law cases, be related and may assign them to a single judge or department. … In a court in which cases are assigned to a single judge or department, cases may be ordered related as follows: [¶] (A) Where all the cases listed in the notice are unlimited civil cases, or where all the cases listed in the notice are limited civil cases, the judge who has the earliest filed case must determine whether the cases must be ordered related and assigned to his or her department ….” (Cal. Rules of Court, rule 3.300(h)(1).)

The court has become aware that another case involving the same parties and underlying transactions is pending in this court as Beaty etc. v. Homer T. Hayward Lumber Co., et al., case number 22CV04265, is pending in this court assigned to Department 4. The parties are ordered to file notices of related cases in this case and in case number 22CV04265, without prejudice to any party’s right to take any position with respect to the relatedness of these cases or potential transfer. The motions on this calendar will be continued to April 22, 2024, and pending determination by Department 4 whether these matters are related and this case should be transferred to Department 4.