Judge: John J. Kralik, Case: 22BBCV001042, Date: 2023-02-15 Tentative Ruling

Case Number: 22BBCV001042    Hearing Date: February 15, 2023    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

PNM Properties, llc,

 

                        Plaintiff,

 

            v.

 

arthur semerdjian, et al.,

 

                        Defendants.

 

 

Case No.:  22BBCV01042

 

   Hearing Date:  February 15, 2023

 

 [TENTATIVE] order RE:

motion to consolidate

 

 

BACKGROUND

A.    Allegations

On November 21, 2022, Plaintiff PNM Properties, LLC (“Plaintiff”) filed an unlawful detainer complaint against Defendants Arthur Semerdjian, individual and dba Art’s Trust Stop, Super Natural, Inc., ATS Trust Stop, LLC, and Aram Semerdjian aka Eric Semerdjian. 

The property at issue is located at 11311 Pendleton Street, Sun Valley, California 91352. 

Plaintiff alleges that it entered into a written 5-year lease agreement with Arthur Semerdjian on June 1, 2007.  Plaintiff alleges that it served on Arthur Semerdjian a 3-day notice to pay rent or quit on November 18, 2022.  Plaintiff seeks possession of the property, costs incurred in this proceeding, past due rent of $169,905.92, reasonable attorney’s fees, forfeiture of the agreement, and damages in the daily rate of $1,415.88 from December 1, 2022. 

 

B.     Motion on Calendar

On January 17, 2023, Defendant ATS Truck Stop, LLC (“ATS”) filed a motion to consolidate for all purposes LASC Case Nos. 22BBCV00634, 22BBCV01041, and 22BBCV01042. 

On February 1, 2023, Plaintiff filed an opposition brief.

On February 7, 2023, ATS, Super Natural, Inc., and Aram Semerdjian filed a reply brief
DISCUSSION

ATS moves to consolidate cases: (1) 22BBCV01041 (PNM Properties, LLC v. Semerdjian et al., filed on November 21, 2022); (2) 22BBCV01042 (PNM Properties, LLC v. Semerdjian et al., filed on November 21, 2022); and (3) 22BBCV00634 (ATS Truck Stop, LLC v. PNM Properties, LLC (filed on September 2, 2022), These three cases are currently assigned to Department B of the Burbank Courthouse. 

As stated in the Court’s order regarding ATS’s motion to consolidate in the earlier filed case (Case No. 22BBCV00634 re ATS Truck Stop, LLC v. PNM Properties, LLC), the Court grants the motion to consolidate the three cases.  Case No. 22BBCV00634 has been deemed the lead case in this consolidated matter. As such, ATS’s motion filed in Case No. 22BBCV01042 is moot.

CONCLUSION AND ORDER

Defendant ATS Truck Stop, LLC’s motion to consolidate filed in Case No. 22BBCV01042 is taken off-calendar as moot, in light of the Court’s ruling on ATS Truck Stop, LLC’s motion to consolidate filed in Case No. 22BBCV00634, the earlier filed action.

            Defendant shall provide notice of this order.