Five Points Temescal v. Hathaway CA2/5
In September 2013, and pursuant to a stipulation among the parties, the trial court partitioned real property jointly owned by plaintiffs and respondents Five Points Temescal, LLC (Five Points) and Temescal Ranch Limited Partnership (Temescal Ranch) (plaintiffs); a third party, Hathaway Temescal, LLC (Hathaway); and defendant and appellant Merrie Hathaway (defendant). Roughly 16 months later, plaintiffs filed a complaint seeking partition of an adjacent piece of real property owned by the same parties, and the trial court declined to consolidate the later-filed action with the earlier case resulting in the partition judgment. Instead, the court deemed the cases related and separately ordered partition of the adjacent property. We consider whether the trial court erred by declining to consolidate the two cases.
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