Judge: Craig Griffin, Case: Hetland v Shellpoint Mortgage Servicing et al, Date: 2022-08-15 Tentative Ruling

Before the Court is the Motion for Consolidation filed by Plaintiff Matthew Hetland as Trustee on Behalf of The Hetland Family Trust (Plaintiff”), seeking to consolidate this action with Calle de Luna Trust v. Hetland, Case Number 30- 2022-01258189-CL-UD-CJC (the “UD Action”), or alternatively, to stay the UD action until this case is complete.

 

The Motion is DENIED.  Plaintiff has failed to fully comply with C.R.C. 3.350, as the caption does not show both actions, does not address whether all parties have appeared in each, and does not show on the proof that all counsel were duly served. 

 

Nor does the Motion demonstrate that consolidation is warranted here in any event.  The Motion has not addressed the procedural status of the UD Action, but it appears that judgment has already been entered in that case. This Court lacks jurisdiction to address any challenge to that judgment. (Ford v. Superior Court (1986) 188 Cal.App.3d 737, 742.) The Motion also does not show how this action could produce a result inconsistent with the UD Action. (See Civil Code §2924.12(b) [if alleged statutory violation is found, Plaintiff’s remedy is damages] and Hochstein v. Romero (1990) 219 Cal.App.3d 447, 451 [bona fide purchaser for value who acquires his interest in real property without notice of another's asserted rights in the property takes the property free of such unknown rights].) The Court thus does not find that consolidation or a stay is appropriate here.

 

Counsel for moving parties to give notice.