Judge: Carolyn M. Caietti, Case: 37-2022-00050768-CU-CL-CTL, Date: 2023-08-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 03, 2023

08/04/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Other Collections Motion Hearing (Civil) 37-2022-00050768-CU-CL-CTL AMERICA EXPRESS NATIONAL BANK VS TIRGARI [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Consolidate Cases, 04/11/2023

Defendant/Cross-Complainant Reza Tirgari's unopposed Motion to Consolidate is GRANTED.

Cross-Complainant's request for judicial notice is granted and notice will be taken to the extent permitted.

The motion to consolidate Case No. 2022-50768 (the Collection Action) and Case No. 2022-52525 (the Fraud Action) is unopposed. As indicated in the reply, Plaintiff American Express National Bank and Defendant Tirgari settled the matter. The Court notes Plaintiff filed a request for dismissal, which was not entered. (ROA 92.) With only the cross-complaint remaining, the claims in the Collection Action's cross-complaint and the Fraud Action arise from the same underlying facts; the facts, claims and damages alleged in the Collection Action are encompassed by the Fraud Action; the actions have already been ordered related and are pending before the same court; and consolidation would serve the interests of judicial economy. (C.C.P., §1048; Cal. Rules of Ct., rule 3.350.) Although the Collection Action has the lower-case number, with Plaintiff's dismissal of its case, the Court agrees with Cross-Complainant that the Fraud Action should be deemed the lead case. (CRC 3.350(b).) Concluding Orders The Fraud Action and Collection Action are ordered consolidated for all purposes. The Fraud Action (No.

2022-52525) is deemed the lead case. All documents filed must comply with CRC 3.350(d).

The current hearing dates in the Fraud Action are: Informal Discovery Conference – August 22, 2023; Defendant's Motion to Quash – September 15, 2023; Defendant's Motion to Quash – December 8, 2023; Trial Readiness Conference – July 12, 2024; Trial – July 26, 2024.

Cross-Complainant Tirgari is ordered to comply with CRC 3.350(c).

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.

Cross-Complainant Reza Tirgari is ordered to serve written notice of the Court's final ruling on all parties by August 8, 2023, unless all parties submit on the tentative ruling or waive notice at the hearing.

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