Judge: Layne H. Melzer, Case: "Kamalalavivs.2000Chapman,Inc.", Date: 2022-08-18 Tentative Ruling
Pltf. Fatemeh L Kamalalavi
Motion - Other (Motion to Consolidate)
The motion by Plaintiff Fatemeh Ladan Kamalalavi to consolidate and to deem consolidated cases “complex” is denied.
Plaintiff’s motion involves two separate requests. First, Plaintiff moves for an order consolidating the following four cases: (i) In the Estate of Amir Houshang Asgarynejad, Case No. 30-2021-1237389-PR-PW-CJC; (ii) Fatemeh Ladan Kamalalavi v. 2000 Chapman, Inc., et al., Case No. 30-2022-01243136-CU-BT-CJC; (iii) In the Matter of the Asgarynejad-Kamalalavi Trust, dated April 2, 2004, Case No. 30-2022-01244039-PR-TR-CJC; and (iv) Ladan Kamalalavi v. Olin Keary Asgarynejad, et al., Case No. 30-2022-01247391-CL-UD-CJC). Second, Plaintiff moves for an order that the proposed consolidated case be deemed “complex,” and for transfer to a complex department.
The Court finds that the proposed consolidated action does not meet the criteria for a “complex case.” Cal. R. Ct. Rule 3.400(a). While the reasons provided by Plaintiff may tend to show that the actions should be consolidated and/or coordinated in some fashion, (see Mot. at 13), they do not establish that any such consolidated/coordinated case would be “complex,” (see Cal. R. Ct. Rule 3.400(b)). Thus, request for a complex designation is denied.
However, with respect to the issue of consolidation, the Court denies the motion without prejudice to Plaintiff bringing the motion in the lowest numbered case. Cal. R. Ct. Rule 3.350(a)(2).
Plaintiff shall give notice of the ruling.