This case was last updated from Los Angeles County Superior Courts on 09/10/2020 at 07:28:45 (UTC).

DAVID SAFAR VS REMON BALGJIAN, ET AL.

Case Summary

On 12/05/2018 DAVID SAFAR filed a Personal Injury - Motor Vehicle lawsuit against REMON BALGJIAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4878

  • Filing Date:

    12/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiffs, Defendants and Cross Plaintiffs

SAFAR DAVID

BALGJIAN REMON

Defendants, Cross Defendants and Cross Plaintiffs

HAKOBYAN NOVEL

BALGJIAN REMON

SAMSONYAN HMAYAK

Defendants and Cross Defendants

HAKOBYAN NOVEL

SAMSONYAN HMAYAK

Attorney/Law Firm Details

Plaintiff Attorneys

NALBANDIAN AVEDIS

IGARIAN ROBERT

Defendant and Cross Defendant Attorneys

HOUZE-BENSON ELYSA

DOLLAR EDWARD EARLTON

MYERS JEFFREY CABOT

 

Court Documents

Association of Attorney - Association of Attorney

6/23/2020: Association of Attorney - Association of Attorney

Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL, [AND RELATED MOTION/DISCOVERY DATES

6/25/2020: Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL, [AND RELATED MOTION/DISCOVERY DATES

Motion to Consolidate - Motion to Consolidate

12/26/2019: Motion to Consolidate - Motion to Consolidate

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

11/20/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

8/16/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Stipulation and Order (name extension) - Stipulation and Order to Set Aside Default Entered

7/1/2019: Stipulation and Order (name extension) - Stipulation and Order to Set Aside Default Entered

Proof of Personal Service - Proof of Personal Service

1/4/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

1/4/2019: Proof of Personal Service - Proof of Personal Service

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

4/26/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

4/26/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Summons - Summons on Complaint

1/22/2019: Summons - Summons on Complaint

Cross-Complaint - Cross-Complaint

1/22/2019: Cross-Complaint - Cross-Complaint

Notice of Deposit - Jury - Notice of Deposit - Jury

1/10/2019: Notice of Deposit - Jury - Notice of Deposit - Jury

Complaint - Complaint

12/5/2018: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

12/5/2018: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

12/5/2018: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12/5/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

25 More Documents Available

 

Docket Entries

  • 12/08/2021
  • Hearing12/08/2021 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 01/21/2021
  • Hearing01/21/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/30/2020
  • DocketSubstitution of Attorney; Filed by: Remon Balgjian (Defendant)

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  • 06/25/2020
  • DocketStipulation and Order TO CONTINUE TRIAL, [AND RELATED MOTION/DISCOVERY DATES; Filed by: Novel Hakobyan (Defendant); As to: David Safar (Plaintiff)

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  • 06/25/2020
  • DocketUpdated -- Stipulation and Order TO CONTINUE TRIAL, [AND RELATED MOTION/DISCOVERY DATES: Status changed from Filed to Signed and Filed

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  • 06/25/2020
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 09/17/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Stipulation was rescheduled to 01/21/2021 08:30 AM

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  • 06/23/2020
  • DocketAssociation of Attorney; Filed by: Remon Balgjian (Defendant)

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  • 05/01/2020
  • DocketNotice of Change of Firm Name; Filed by: Remon Balgjian (Defendant); New Firm Name: LAW OFFICES OF SANTA CRUZ, CANNON & KOTHARY

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  • 05/01/2020
  • DocketUpdated -- Elysa Houze-Benson (Attorney): Organization Name changed from Santa Cruz, Brownwood & Cannon to LAW OFFICES OF SANTA CRUZ, CANNON & KOTHARY

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  • 03/12/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Remon Balgjian (Cross-Complainant)

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35 More Docket Entries
  • 01/04/2019
  • DocketProof of Personal Service; Filed by: David Safar (Plaintiff); As to: Remon Balgjian (Defendant); Service Date: 12/22/2018; Service Cost: 55.00; Service Cost Waived: No

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  • 12/18/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/18/2018
  • DocketNon-Jury Trial scheduled for 06/03/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/18/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 12/05/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/05/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/05/2018
  • DocketNotice Demand for Jury Trial; Filed by: David Safar (Plaintiff); As to: Remon Balgjian (Defendant); Novel Hakobyan (Defendant); Hmayak Samsonyan (Defendant)

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  • 12/05/2018
  • DocketCivil Case Cover Sheet; Filed by: David Safar (Plaintiff); As to: Remon Balgjian (Defendant); Novel Hakobyan (Defendant); Hmayak Samsonyan (Defendant)

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  • 12/05/2018
  • DocketSummons on Complaint; Issued and Filed by: David Safar (Plaintiff); As to: Remon Balgjian (Defendant); Novel Hakobyan (Defendant); Hmayak Samsonyan (Defendant)

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  • 12/05/2018
  • DocketComplaint; Filed by: David Safar (Plaintiff); As to: Remon Balgjian (Defendant); Novel Hakobyan (Defendant); Hmayak Samsonyan (Defendant)

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Tentative Rulings

Case Number: 18STLC14878    Hearing Date: February 20, 2020    Dept: 26

Safar v. Remon Balgjian, et al.

MOTION TO CONSOLIDATE

(CCP § 1048)

TENTATIVE RULING

Defendant Novel Hakobyan’s Motion to Consolidate is GRANTED. THE INSTANT ACTION REMAINS THE LEAD CASE AND ALL FUTURE FILINGS ARE TO BE UNDER THE LEAD CASE NUMBER.

ANALYSIS:

Plaintiff David Safar (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Remon Balgjian (“Defendant Balgjian”), Novel Hakobyan (“Defendant Hakobyan”) and Hmayak Samsonyan (“Defendant Samsonyan”) on December 5, 2018. On October 9, 2019, Defendant Hakobyan filed a Notice of Related Case with respect to Balgjian v. Hakobyan, LASC Case No. 19STLC00770 (“Case No. 19STLC00770”). The Court deemed the cases related on November 25, 2019.

Defendant Hakobyan filed the instant Motion to Consolidate on December 26, 2019. To date, no opposition has been filed.

Legal Standard

Cal. Rules of Court, Rule 3.350, subdivision (a) states in relevant part:

(1) A notice of motion to consolidate must:

(A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record;

(B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and

(C) Be filed in each case sought to be consolidated.

(2) The motion to consolidate:

(A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case;

(B) Must be served on all attorneys of record and all non-represented parties in all of the cases sought to be consolidated; and

(C) Must have a proof of service filed as part of the motion.

(Cal. Rules of Court, Rule 3.350, subd. (a). Also, the consolidation statute, Code of Civil Procedure section 1048, states in relevant part:

(a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

(b) The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.

(Code Civ. Proc., § 1048, subd. (a).) The granting or denial of the motion to consolidate rests in the sound discretion of the trial court, and will not be reversed except upon a clear showing of abuse of discretion. (See Fellner v. Steinbaum (1955) 132 Cal.App.2d 509, 511.)

Discussion

Defendant Hakobyan moves to consolidate this action with LASC Case. No. 19STLC00770 on the grounds that both cases arise out of the same set of operative facts, and therefore require resolution of common questions of law and fact. The notice of the Motion to Consolidate complies with Cal. Rules of Court, Rule 3.350, subdivision (a)(1). The proof of service also demonstrates compliance with Cal. Rules of Court Rule 3.350, subdivision (a)(2). Furthermore, the Motion to Consolidate it properly brought with respect to cases in the same department. Both the instant action and LASC Case. No. 19STLC00770 are assigned to Department 26 in the Spring Street Courthouse of the Los Angeles Superior Court.

Finally, both actions arise out of the same incident, namely the automobile accident involving Plaintiff and Defendants that occurred on November 18, 2017 at Sherman Way near Woodman Avenue. (Compl., ¶MV-1; LASC Case No. 19STLC00770 Compl., ¶MV-1.) Both actions will require resolution of common questions of law and fact pertaining to the liability of the drivers involved in that accident.

Based on the foregoing, the Motion to Consolidate is GRANTED. THE INSTANT ACTION REMAINS THE LEAD CASE AND ALL FUTURE FILINGS ARE TO BE UNDER THE LEAD CASE NUMBER.

Moving party to give notice.