Judge: John J. Kralik, Case: 23BBCV01275, Date: 2023-12-15 Tentative Ruling

Case Number: 23BBCV01275    Hearing Date: December 15, 2023    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

Taylor jones,

 

                        Plaintiff,

 

            v.

 

gayane sharyan,

 

                        Defendant.

 

 

Case No.:  23BBCV01275

 

  Hearing Date:  December 15, 2023

 

 [TENTATIVE] order RE:

motion to consolidate cases

 

Defendant Gayane Sharyan (“Defendant”) moves to consolidate cases 23BBCV01129 (Sharyan et al. v. Jones et al.) and 23BBCV01275 (this action).  Both cases are assigned to this Department B.

“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).) Here, the two cases have not yet been related, which is required prior to consolidating the cases.  (Cal. Rules of Court, rule 3.300.)  Rule 3.300(d) states that 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.”  A Notice of Related Case was filed in both actions.

CCP §1048(a) provides that the Court may order a joint trial on matters that “involv[e] a common question of law or fact.”  Both matters involve the same motor vehicle accident that occurred on June 10, 2021.  The 23BBCV01129 action was filed by Gayane Sharyan and Arsen Garibyan against Taylor Jones concerning the subject car accident.  (The 23BBCV01129 action was dismissed with prejudice as filed by Arsen Garibyan only.)  The 23BBCV01275 action was filed by Taylor Jones against Gayane Sharyan only for the same accident.  Accordingly, these matters involve common questions of law and fact such that consolidation is proper.  Thus, Defendant’s motion to consolidate is granted.

            Pursuant to CCP § 1048, case 23BBCV01129 is consolidated with 23BBCV01275. Case 23BBCV01129 is the earlier filed case and shall be deemed the lead case.  All future papers are to be filed under the lead case number.  The April 24, 2025 Final Status Conference and May 5, 2025 Jury Trial date shall now be under case number 23BBCV01129.

Defendant Gayane Sharyan is ordered to give notice of this order.

 

Warning regarding electronic appearances:  All software for remote or electronic appearances is subject to malfunction based on system weakness and human error, which can originate from any of the multiple parties participating each morning. The seamless operation of the Court’s electronic appearance software is dependent on numerous inconstant and fluctuating factors that may impact whether you, or other counsel or the Court itself can be heard in a particular case. Not all these factors are within the control of the courtroom staff. For example, at times, the system traps participants in electronic purgatories where they cannot be heard and where the courtroom staff is not aware of their presence. If you call the courtroom, please be respectful of the fact that a court hearing is going on, and that the courtroom staff is doing their best to use an imperfect system. If it is truly important to you to be heard, please show up to the courtroom in the normal way. Parking is free or reasonable in Burbank.

 

 

 

DATED:  December 15, 2023                                    ___________________________

                                                                              John J. Kralik                                                                                                                                Judge of the Superior Court