Judge: Richard Y. Lee, Case: 30-2022-01254925, Date: 2022-12-15 Tentative Ruling

Defendants Lynn Loan Tuong Thi Nguyen, Sean Nguyen, Joey Nguyen, and Hong Tran (“Defendants”) move for an order consolidating this action with Nguyen v. Kling, Case No. 2022-01279919, filed on September 9, 2022 on the grounds that the cases involve common questions of law and fact, title is at issue in the second action, and the actions should be consolidated or this unlawful detainer action should be stayed pending the resolution of the title issue in the second action to protect their right to a full trial of the issue of title.

The instant action is for Unlawful Detainer in relation to 10222 Morningside Drive, Garden Grove, California 92843.  It was filed by Plaintiff Tim S. Kling as Trustee of the Kingsley Trust Dated Feb. 7, 2020 (“Kling”) against Defendants Topaz Tran; Lynn Loan Tuong Thi Nguyen; Sean Nguyen; Joey Nguyen; and Hong Tran.  The Complaint alleges that Defendants orally agreed to rent the premises as a month-to-month tenancy with rent being $2,500.00 per month.  It further alleges that the amount of rent due is $17,500.00.

Defendants from the instant action, with the exception of Topaz Tran, filed the second action against Kling, Topaz Tran, Milton Cheng, and Phil Cheng.  Defendants allege that in May 2020, Topaz told Lynn that she could purchase the subject property for $350,000.  Topaz is a licensed real estate agent and the mother of Milton, the former owner of the property.  Milton allegedly told Topaz that he wanted to sell the subject property for $350,000 and Topaz told Milton that improvements needed to be completed so that Lynn could get an appraisal for the financing.  Lynn and her family moved into the subject property to facilitate the construction process.  After Plaintiffs had spent over $125,000 on improvements to bring the subject property in compliance with the City of Garden Grove, Milton transferred the property to Kling as Trustee of the Kingsley Trust Dated Feb. 7, 2022.

Defendants allege that Milton remains the beneficiary of the Kingsley Trust with full authority to direct Kling to sell or transfer the property, Kling did not pay consideration for the property, and Kling has wrongfully detained the property and holds it as constructive trustee. 

The Court notes that the two matters were deemed related on November 9, 2022.  (ROA 95.)

Kling opposes the Motion, arguing that a tenant cannot raise issues of the landlord’s title or any claim that the tenant has an interest in the title to the premises in an unlawful detainer claim and Defendants’ claims to title are unfounded and cannot be established. 

In the first argument, Kling impliedly admits that consolidation, or a stay of the unlawful detainer action, is appropriate if there are issues regarding title, because those issues cannot be raised in an unlawful detainer claim and must therefore be set forth in a separate action to protect a tenant’s right to a full trial. 

The second argument goes to the merits of Defendants’ causes of action and claims to title, which are not properly before the Court at this time.  The only question is whether title is at issue and these cases should be consolidated or the instant action stayed.  The Court finds that title is at issue in the second action and that a stay of the instant unlawful detainer action is appropriate.  The second action seeks to litigate title to the underlying property, there exist common questions of law and fact, and title must be fully litigated before any summary proceeding to determine possession go forward. 

In light of the above, the Motion is GRANTED in part.  The Court ORDERS the instant action STAYED pending the resolution of title issues raised in the related unlimited action titled Nguyen v. Kling, Case No. 2022-01279919, filed on September 9, 2022. 

The Court sets an OSC re: whether the stay should be lifted for 2/16/2023 at 1:30 p.m.

Defendants to give notice.