Judge: John J. Kralik, Case: 23BBCV01275, Date: 2023-12-15 Tentative Ruling
Case Number: 23BBCV01275 Hearing Date: December 15, 2023 Dept: NCB
North
Central District
|
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.
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DATED: December 15, 2023 ___________________________
John
J. Kralik Judge
of the Superior Court