Motion to Consolidate; Motion to Vacate Trial
34-2016-00189982-CU-OE-GDS: Jeff Delgado vs. State Water Resources Control Board 05/03/2024 Hearing on Motion to Consolidate in Department 47
Tentative Ruling
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The motion of State Water Resource Control Board (Moving Party) to consolidate Jeff Delgado v. State Water Resources Control Board, et al., Case No. 34-2016-00189982 (Delgado I), and Jeff Delgado v. State Water Resources Control Board, et al., Case No. 34-2022- 00321439 (Delgado II), and to vacate trial is ruled on as follows.
Moving Party requests consolidation on grounds the actions involve nearly-identical FEHA claims based on the same allegations. Moving Party further requests the Court vacate the September 17, 2024 trial date in Delgado I on grounds additional time is needed to complete discovery in Delgado II. Moving Party represents Plaintiff Jeff Delgado (Delgado) delayed in serving the complaint in Delgado II, that the pleadings are not yet at issue, that Delgado is anticipated to file a further amended complaint in Delgado II, and that Delgado is not available for deposition until June 2024. (McDaniel Decl., ¶¶ 4-8.) Moving Party has previously waived the deadline to commence trial in Delgado I and therefore argues there is no prejudice to Delgado in vacating trial.
Delgado filed a conditional non-opposition agreeing consolidation is appropriate but requesting that trial not be vacated. Delgado also requests a stipulation that a pending demurrer and motion to strike in Delgado II will not affect the claims asserted in Delgado I. In reply, Moving Party agrees to the request for stipulation.
The Court finds consolidation is appropriate based on the agreement of the parties and because the cases involve common issues of law and fact. Consolidation will promote judicial efficiency and economy and avoid the risk of inconsistent verdicts. (See Code Civ. Proc. § 1048
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The Court finds Moving Party has failed to demonstrate good cause for vacating trial. Moving
34-2016-00189982-CU-OE-GDS: Jeff Delgado vs. State Water Resources Control Board 05/03/2024 Hearing on Motion to Consolidate in Department 47
Party fails to identify what additional discovery needs to be completed in Delgado II or to explain why taking Plaintiffs deposition in June 2024 does not leave adequate time to prepare for a September 17, 2024 trial. Given Moving Partys position that the claims in Delgado I and Delgado II are nearly identical, it follows that Moving Partys efforts to complete discovery and prepare for trial in Delgado I will substantially reduce the amount of discovery needed in Delgado II and the amount of time necessary to prepare for trial.
The motion to consolidate is granted. The motion to vacate trial is denied, without prejudice.
Jeff Delgado v. State Water Resources Control Board, et al., Case No. 34-2016-00189982 shall be the lead case. The case management judge assigned to the lead case shall hear case management issues in the consolidated cases. The case management timelines applicable to the lead case shall govern all cases. Any hearings in actions other than the lead case are VACATED. The parties shall contact the law and motion department assigned to the lead case to reschedule the hearings for any pending law and motion matters.
This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47. Any party requesting an oral argument must contact the clerk at (916) 874-5487 and opposing counsel or parties in pro per by 12:00 p.m. on the day before the hearing. If a proper request for hearing is not made, this shall become the order of the Court.
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If a litigant has been granted a fee waiver and requests a court reporter, the party must submit
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2016-00189982-CU-OE-GDS: Jeff Delgado vs. State Water Resources Control Board 05/03/2024 Hearing on Motion to Consolidate in Department 47
a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided.