Motion to Consolidate
will prevail on the punitive damages claim. (Jabro v. Superior Court (2002) 95 Cal.App.4th 754, 758.)
At this time Plaintiff has not met the significant burden of showing a substantial probability of prevailing on his punitive damages claim. Although Plaintiff has provided evidence that Defendant GSF should have pursued eviction proceedings sooner, such evidence is insufficient to support pretrial discovery into Defendant GSF's financial condition under Civil Code section 3295, subdivision (c).
Accordingly, the motion is denied.
25CV-05279 Taci Bass vs Bonander Auto, Truck & Trailer, Inc., et al.
Motion to Consolidate
Defendants’ motion to consolidate is DENIED.
Although Plaintiff’s claims may arise from her employment with Defendants, the class action and PAGA claims are substantially different than Plaintiff’s individual claims. Here, the class and PAGA claims relate to wage and hour violations, while her individual claims are for retaliation for exercise of bereavement leave, failure to prevent discrimination and/or retaliation, and wrongful termination.
The employment relationship alone does not establish a common question of law or fact sufficient to support consolidation as the individual claims do not relate to the alleged wage and hour violations.
Accordingly, the motion to consolidate is denied.
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