Judge: Richard Y. Lee, Case: 30-2022-01286871, Date: 2023-07-20 Tentative Ruling
Plaintiff, Robert Campbell (“Plaintiff”), moves for an order consolidating the instant unlimited civil case, Campbell v. Brooks, case no. 30-2022-01286871-CU-BC-WJC (the “Unlimited Action”) and an unlawful detainer case, Brooks v. Campbell, case no. 30-2023-01312405-CL-UD-CJC (the “UD Action”).
The Court notes that an opposition to the motion was due by July 7, 2023. On July 10, 2023, Plaintiff filed a reply arguing that Defendants failed to file any opposition to the motion. (ROA 76.) Thereafter, on July 10, 2023, Defendants filed an opposition. (See ROA 78.) However, there is no proof of service attached to the opposition.
Although late, the Court is inclined to consider the opposition. As it is unclear whether the opposition has been served on Plaintiff and Plaintiff has not had an opportunity to respond, the Court CONTINUES the hearing to August 10, 2023 at 1:30 p.m. in this Department.
Plaintiff may file a reply in response to the late opposition no later than seven (7) court days before the new hearing date.
Plaintiff to give notice.