Judge Lee W. Tsao, Case Number: 23NWUD01052, Date: 2023-10-11 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWUD01052, Date: 2023-10-11 Tentative Ruling

Case Number: 23NWUD01052 Hearing Date: October 11, 2023 Dept: C

De La Rosa v. Sanistavan

CASE NO.: 23NWUD01052

HEARING: 10/11/23 @ 10:00 AM

Defendant’s Motion to Consolidate is GRANTED. This Unlawful Detainer action is stayed pending the outcome of the Quiet Title action.

Moving Party to give NOTICE.

Edward Santistevan moves for an order consolidating this Unlawful Detainer action in which he is the Defendant (Case no. 23NWUD01052) with an Unlimited Civil Quite Title action in which he is the Plaintiff (Case no. 23NWCV01683).

Background

Plaintiff Sean De La Rosa, Trustee of the Silva M. De La Rosa Trust filed an unlawful detainer action against Defendant after Ms. De La Rosa’s passing. Defendant alleges that he has a community property ownership interest in the property because he is the surviving registered domestic partner, and the property was maintained through comingled funds.

Legal Standard

“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.” (CCP § 1048(a).)

Discussion

The court has the power “to consolidate an unlawful detainer proceeding with a simultaneously pending action in which title to the property is in issue,” because a “successful claim of title by the tenant would defeat the landlord’s right to possession. (Martin Bragg v. Moore (2013) 219 Cal.App.4th 367, 385.) Here, Defendant is claiming title under Family Code § 297.5(c) as the surviving registered domestic partner. Thus, the Unlawful Detainer action, case no. 23NWUD01052 is consolidated with the Unlimited Civil Quite Title action, case no. 23NWCV01683. The Unlawful Detainer action is stayed pending the outcome of the Unlimited Civil Quiet Title action. (Asuncion v. Superior Court of San Diego County (1980) 108 Cal.App.3d 141.