HEARING ON MOTION TO/FOR CONSOLIDATE CASES FILED BY DALE HARMS

* TENTATIVE RULING: *

The motion to consolidate is denied. The Court is in receipt of Plaintiff’s notice of non-opposition filed March 5, 2020. However, although the register of actions does not reflect Defendant NGC Fund I LLC’s opposition filed on February 21, 2020 (because it was attributed to the UD case no. PS19-0160) the Court is nevertheless in receipt of that opposition. Furthermore, the opposition includes a proof of service reflecting service by mail on Plaintiff. The Court of Appeal has held as follows:

When an unlawful detainer proceeding and an unlimited action concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or it may consolidate the actions. (Martin-Bragg v. Moore (2013) 219 Cal.App.4th 367, 385.) While Martin-Bragg and other cases mention