McKinsey’s Motion to Consolidate Actions
On February 7, 2020, Rick Machado, individually and doing business as Rick Machado Livestock (“Machado”), filed this action against Ginger Mankins, Mark Mankins, and Wapita, Inc. (“Wapita”).1 The action was assigned case number 20CVP-0064, and is referred to herein as the “Machado Action.” The complaint alleges Ginger, through her company Wapita, was Machado’s bookkeeper for more than 20 years and during that time, misappropriated over $3 million worth of Machado’s assets.
Ginger and Wapita (collectively, “Defendants”) filed an answer on March 26, 2020, and Mark filed a demurrer. Mark’s demurrer was taken off calendar after the matter was stayed on June 19, 2020, due to pending criminal proceedings (Case No. 20F-00984) related to the same alleged fraud. The criminal complaint was filed on February 5, 2020, two days before the Machado Action was filed, and includes multiple counts of embezzlement under Penal Code section 487(b)(3). Six of the cou