Judge: Marcella O. Mclaughlin, Case: 37-2020-00044529-CU-FR-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 11, 2024

01/12/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2020-00044529-CU-FR-CTL SELTZER VS SELTZER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 11/22/2023

The motion to consolidate is DENIED.

A. Defendant Thayer's request for judicial notice is granted. Evid. Code § 452(d). 'However, while courts are free to take judicial notice of the existence of each document in a court file, including the truth of results reached, they may not take judicial notice of the truth of hearsay statements in decisions and court files.' Lockley v. Law Offices of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882.

B. Pursuant to CRC 3.350(a)(2)(A), a motion to consolidate 'must be filed only in the lowest number case[.]' Here, the lower number case is the probate action. See Case No. 2017-21304. Plaintiff, however, filed and scheduled the instant motion for hearing in this Department, which has the higher number case.

Plaintiff also failed to comply with the requirements of CRC 3.350(a)(1)(A). The notice of motion does not contain the captions of all of the cases sought to be consolidated and was not filed in Case No.

2017-21304.

Finally, and most importantly, this case remains stayed pursuant to the order issued by Judge Taylor on October 25, 2021. ROA 100. No order lifting the stay has been issued. Accordingly, the request to consolidate this case with Case No. 2017-21304 for all purposes is denied.

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