Judge: Robert B. Broadbelt, Case: 24STCV15755, Date: 2024-09-04 Tentative Ruling

Case Number: 24STCV15755    Hearing Date: September 4, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Roberta F. Morrissey, as trustee to the Roberta F. Morrissey Trust, dated September 15, 1993         

RESPONDING PARTY:       Redwood Holdings, LLC, as plaintiff in Case No. 24PDUD02239, and as a defendant in the pending action

Motion to Relate and Consolidate Cases

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiff Roberta F. Morrisey, as trustee to the Roberta F. Morrissey Trust, dated September 15, 1993 (“Morrisey”) moves the court for an order (1) deeming this action, filed by Morrisey on June 24, 2024 against defendants Mortgage Assets Management, LLC, PHH Mortgage Corporation, and Redwood Holdings, LLC (“Redwood”) on June 24, 2024 (Case No. 24STCV15755) (the “Civil Action”), and the unlawful detainer action filed by Redwood on June 26, 2024, against Morrisey (Case No. 24PDUD02239) (the “Unlawful Detainer Action”), to be related cases within the meaning of California Rules of Court, rule 3.300, and (2) consolidating the Civil Action and Unlawful Detainer Action for all purposes.

            The court finds that Morrisey did not properly serve the parties in the Civil Action and Unlawful Detainer Action with this motion.

A motion to consolidate “[m]ust be served on all attorneys of record and all nonrepresented parties in all of the cases sought to be consolidated . . . .”  (Cal. Rules of Ct., rule 3.350, subd. (a)(2)(B).)

Morrisey filed and served this motion on the named defendants by mail on July 15, 2024, before the defendants appeared in this action.[1]  (July 15, 2024 POS-030, p. 1, ¶¶ 3, 5, and p. 3 Mailing List.)  However, because the defendants had not yet appeared in this action, service by mail was improper.  Morrisey also did not file a revised proof of service stating that counsel for the defendants were served with this motion following their appearance in this action.  (Cal. Rules of Ct., rule 3.350, subd. (a)(2)(B).)  Moreover, defendants PHH Mortgage Corporation and Mortgage Assets Management, LLC did not file an opposition to this motion or other papers with the court indicating that they had been served with the moving papers filed in connection with this motion.

The court further notes that, on August 20, 2024, Redwood filed an opposition to Morrisey’s motion, stating that, although the proof of service states that Morrisey served Redwood’s agent for service of process with this motion by mail, Redwood’s agent did not receive the mailing.  (Turner Decl., ¶¶ 5-8; Turner Decl., Ex. 2.)  As of the date that Redwood filed its opposition, Redwood, its agent for service of process, and its counsel had not been served with Morrisey’s motion.  (Turner Decl., ¶ 9.)

             The court therefore denies Morrisey’s motion to relate and consolidate cases, without prejudice to Morrisey’s filing a revised motion to consolidate that complies with the service requirements set forth in California Rules of Court, rule 3.350.

ORDER

            The court denies plaintiff Roberta F. Morrissey, trustee to the Roberta F. Morrissey Trust dated September 15, 1993’s motion to relate and consolidate cases, without prejudice.

            The court orders Roberta F. Morrissey, trustee to the Roberta F. Morrissey Trust dated September 15, 1993 to give notice of this ruling.

IT IS SO ORDERED.

DATED:  September 4, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court