Judge: Bruce G. Iwasaki, Case: 20STCV13441, Date: 2024-06-28 Tentative Ruling

Case Number: 20STCV13441    Hearing Date: June 28, 2024    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             June 28, 2024

Case Name:                Lim v. 977 S. Westmoreland Ave Apartments

                                    Lee v. Lim

Case No.:                    20STCV13441

                                    18STUD04768                                   

Matter:                        Notice of Related Case

Moving Party:             Defendant Soowan Lee

Responding Party:      None

            Bost cases arise from the parties’ respective landlord-tenant relationship.  

            Defendant Soowan Lee filed a notice of related case, indicating that case number 20STCV13441 (Lim v. 977 S. Westmoreland Ave Apartments) in Department 58 is related to case number 18STUD04768 (Lee v. Lim) in Department 97. 

            The cases are related. (Cal. Rules of Court, rule 3.300(a).)   

DISCUSSION

Cases at Issue:

Procedural Requirements

            If all the related cases have been filed in one superior court, as it is here, “[w]here the cases listed in the notice are unlimited civil cases, the judge who has the earliest filed case must determine whether the cases should be ordered related and assigned to his or her department.”  (Cal. Rules of Court, rule 3.300(h)(1)(A).)

As 18STUD04768 is the earliest case having been filed in 2018; however, Department 58 shall determine whether the cases are related because the earlier case is an unlawful detainer case in a limited department. (Cal. Rules of Court, rule 3.300(h)(1)(B).)

            The notice of related case must be filed in all pending cases listed in the notice and must be served on all parties in those cases. (Cal. Rules of Court, rule 3.300(d).) No notice of related cases was filed in the18STUD04768 action, although this case was resolved by stipulated judgment in 2018 and is thus, not pending. (Cal. Rules of Court, rule 3.300(d).)

            A party may respond to a notice of related cases within five days of service on the party. (Cal. Rule of Court 3.300(g).) No objections were filed to the notice of related cases. 

            The notices of related cases are procedurally proper.

Substantive Requirements

            The inquiry on a notice of related cases is whether the cases at issue (1) involve the same parties and are based on the same or similar claims; (2) arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; (3) involve claims against, title to, possession of, or damages to the same property; or (4) are likely for other reasons to require substantial duplication of judicial resources if heard by different judges. (Cal. Rules of Court, rule 3.300(a)(1)-(4).)

            The cases arise from the same nucleus of facts. Here, the Complaints contain overlapping legal issues that are based on the same nucleolus of facts arising from the parties’ landlord tenant relationship.

            In the 18STUD04768 action, Plaintiff Soowan Lee brings this unlawful detainer action for the real property located at 977 S. Westmoreland Ave, Apt. 7, Los Angeles, 90006. Plaintiff seeks damages in amount less than $10,000.

            In 20STCV13441, Plaintiffs Chang Lim, Justin Lim, and Sean Lim filed a Complaint against Defendants 977 Westmoreland Ave Apartments and Soowan Lee. The Complaint contains claims for various habitability issues arising from Plaintiffs’ tenancy at 977 S. Westmoreland Ave, Apt. 7, Los Angeles, 90006

The cases involve overlapping parties and the same landlord tenant relationship during the same time period. Therefore, the Court finds the cases are related under California Rule of Court 3.300, subd. (a). 

            Defendant Soowan Lee to give notice.