Judge: John J. Kralik, Case: 22BBCV00634, Date: 2023-01-13 Tentative Ruling

Case Number: 22BBCV00634    Hearing Date: January 13, 2023    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

On December 16, 2022, Plaintiff ATS Truck Stop, LLC (“ATS”) filed a motion to consolidate cases 22BBCV00634 (this action, filed on September 2, 2022), 22BBCV01041 (PNM Properties, LLC v. Semerdjian et al., filed on November 21, 2022), and 22BBCV01042 (PNM Properties, LLC v. Semerdjian et al., filed on November 21, 2022).  These three cases are currently assigned to Department B of the Burbank Courthouse. 

The Court is not in receipt of an opposition brief.

“Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.” (Local Rule 3.3(g).)  The three cases have already been assigned to this department and are pending before this Court.  Notices of related cases were filed in these three cases, but the cases have not been ordered related by the Court.  The Court hereby relates the three cases.

CCP §1048(a) provides that the Court may order a joint trial on matters that “involv[e] a common question of law or fact.” 

·         In this instant action (22BBCV00634), ATS alleges that Aram and Arthur Semerdjian operated a business of leasing industrial properties from owners and, in turn, subleasing them to businesses and/or to 18-wheeler trucks.  (FAC, ¶1.)  ATS alleges that PNM Properties, LLC (“PNM”) leased 5 different properties to ATS at 9048 Bradley Avenue (occupied by Las Dunas Ready Mix), 9250 Tujunga Avenue (which Plaintiff operates), 11357 Pendleton Street (occupied by Athens Trash Services at 11311-A and Capital Ready Mix at 11311-B), 11365 and 11401 Pendleton Avenue (occupied by Singh Disposal and C&D Recycling), and 11311-B Pendleton Street (occupied by Capital Ready Mix) in Sun Valley.  (Id., ¶7.)  ATS alleges that PNM intentionally interfered with ATS’s sublease with Singh/C&D and Capital Ready Mix by collecting rents due to ATS in November 2022, claiming ATS was in default of the Master Lease.  (Id., ¶¶18-19.) 

·         In 22BBCV01041, PNM filed an unlawful detainer action against Arthur Semerdjian dba Art’s Truck Stop, Super Natural, Inc., ATS Truck Stop, LLC, Aram Semerdjian, and all parties in possession regarding the property located at 9250 Tujunga Avenue. 

·         In 22BBCV01042, PNM filed an unlawful detainer action against Arthur Semerdjian dba Art’s Truck Stop, Super Natural, Inc., ATS Truck Stop, LLC, Aram Semerdjian, and all parties in possession regarding the property located at 11311 Pendleton Street. 

ATS argues that the three cases arise from and relate to common questions of law and fact with respect to the right to possession of real properties, the same landlord and tenants, the same issue of “excess rent” alleged in all three cases, and whether PNM is estopped/waived the right to excess rent and the right to terminate the leases.  ATS argues that the witnesses in all 3 cases will be the same—ATS’s owner (Aram Semerdjian) and PNM’s officer/property manager (Cindi Galfin)—as well as the same documentary evidence in the form of leases, emails, and text messages. 

            Here, common questions of law and fact exist in the three cases.  This instant action involves five properties, which includes two of the properties at issue in the unlawful detainer actions.  It appears based on the allegations of the FAC in this case that each of the leases for all five properties were entered between ATS and PNM (or its predecessor Pick Your Park Auto Wrecking) at the same time, including subsequent lease extensions.  Upon review of the pleadings in these three cases, the legal questions and ultimate relief sought in these actions involve common questions of law and fact based on the lease agreements, entitlement to possession of the properties, and entitlement to rental payments from the properties.  Further, relating and consolidating these actions would promote judicial economy and be in the interests of justice.  The Court also notes that the motion is not opposed.

The Court relates the three actions 22BBCV00634, 22BBCV01041, and 22BBCV01042.  These three cases have already been assigned to Department B of the Burbank Courthouse.  The motion to consolidate the three cases is conditionally granted.  Case 22BBCV00634 is the lead case and all future papers are to be filed under that case number.  The Court has been informed by the parties in these cases at hearings on separate matters that there may be additional related cases that will or have been filed.  The Court grants the motion to relate and consolidate three particular cases, but may reconsider its ruling upon the parties’ request to relate and/or consolidate any additional or newly-filed cases.  Further, the parties or this Court on its motion may bifurcate certain issues, particularly for jury and non-jury issues. 

In Case No. 22BBCV01041, the demurrer set for January 20, 2023 in that action will be vacated and reset for January 20, 2023 in Lead Case No. 22BBCV00634.  The two demurrers set for February 10, 2023 in Case No. 22BBCV01041 will be vacated and reset for February 10, 2023 in Lead Case No. 22BBCV00634.  The motion to consolidate scheduled on February 15, 2023 shall be vacated.  The Status Conference set for February 15, 2023 in Case No. 22BBCV01041 will be vacated. 

In Case No. 22BBCV01042, the three demurrers set for February 10, 2023 will be vacated and reset for February 10, 2023 in Lead Case No. 22BBCV00634.  The motion to consolidate scheduled on February 15, 2023 shall be vacated.  The Status Conference set for February 15, 2023 in Case No. 22BBCV01042 will be vacated. 

The current Final Status Conference and Jury Trial dates set for May 23, 2023 and June 5, 2023 in this action shall remain as the Final Status Conference and Trial dates for the consolidated matters.

Plaintiff ATS Truck Stop, LLC is ordered to give notice of this order.