Defendants Medtronic, Inc., Medtronic USA, Inc., and Covidien LP (together, “Defendants”) motion to consolidate this action with the related actions 30-2019-01106385 (Benitez v. Medtronic, Inc. et al.); 30-2020-01140338 (Le v. Medtronic, Inc. et al.) and 30-2020-01144725 (Le v. Medtronic, Inc. et al.), is GRANTED for all purposes, pursuant to C.C.P. §§ 1048, and Cal. Rule of Court 3.350.
Actions may be consolidated, in the discretion of the court, whenever it can be done without prejudice to a substantial right. (Jud Whitehead Heater Co. v. Obler (1952) 111 Cal. App. 2d 861, 867.) C.C.P. § 1048 expressly grants discretion to the trial courts to consolidate actions involving common questions of law or fact. The purpose of consolidation is to avoid unnecessary costs or delay, avoid duplication of procedure, particularly in the proof of issues common to both actions, and avoid inconsistent results by hearing and deciding common issues together. (Estate of Baker (1982) 131 Cal. App. 3d 471
Hearing Date
August 27, 2020
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Defendants Medtronic, Inc., Medtronic USA, Inc., and Covidien LP (together, “Defendants”) motion to consolidate this action with the related actions 30-2019-01106385 (Benitez v. Medtronic, Inc. et al.); 30-2020-01140338 (Le v. Medtronic, Inc. et al.) and 30-2020-01144725 (Le v. Medtronic, Inc. et al.), is GRANTED for all purposes, pursuant to C.C.P. §§ 1048, and Cal. Rule of Court 3.350.
Actions may be consolidated, in the discretion of the court, whenever it can be done without prejudice to a substantial right. (Jud Whitehead Heater Co. v. Obler (1952) 111 Cal. App. 2d 861, 867.) C.C.P. § 1048 expressly grants discretion to the trial courts to consolidate actions involving common questions of law or fact. The purpose of consolidation is to avoid unnecessary costs or delay, avoid duplication of procedure, particularly in the proof of issues common to both actions, and avoid inconsistent results by hearing and deciding common issues together. (Estate of Baker (1982) 131 Cal. App. 3d 471