Judge: Salvatore Sirna, Case: 24PSCV03525, Date: 2025-04-09 Tentative Ruling

Case Number: 24PSCV03525    Hearing Date: April 9, 2025    Dept: G

Plaintiff Blas Ramon Arce Castellanos’ Motion to Stay Unlawful Detainer Proceedings Pending Quiet Title Action

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Blas Ramon Arce Castellanos’ Motion to Stay Unlawful Detainer Proceedings Pending Quiet Title Action is DEEMED MOOT.

BACKGROUND

This is a quiet title action. On October 10, 2024, plaintiff Blas Ramon Arce Castellon, as trustee of Humberto Arce Castellon Irrevocable Special Needs Trust, (Plaintiff) filed a complaint against Marcelino Acero Acero, Marina Del Rosario Acero, Jose M Baez, Manuel Arce, (collectively, Defendants) and “all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to Plaintiff’s title, or any cloud upon Plaintiff's title thereto,” and Does 1 through 10. Plaintiff alleging the following causes of action: (1) quiet title, (2) fraud, (3) cancellation of deed, and (4) constructive trust.

Plaintiff alleges the following. On January 4, 2023, Defendants obtained a survivorship deed for 529 Raminda Ave., La Puente, CA 91744 (Subject Property) after making misrepresentations and fraudulent promises to Humberto Arce (Decedent). Defendants promised to pay $400,000 and satisfy the mortgage. These actions led to a fraudulent transfer of title and obstructed Plaintiff’s management of the property after Decedent passed away on January 20, 2024.

On May 30, 2024, Marcelino Acero and Jose M. Baez filed an unlawful detainer action, Case No. 24WCUD01115, against Plaintiff and Maria Isabel Arce Alejo. Plaintiff filed a notice of related case on January 22, 2025.

On January 2, 2025, Plaintiff filed this present motion. On January 23, 2025, Plaintiff filed an ex parte application for any order staying the unlawful detainer proceeding pending resolution of the quiet title action. On January 24, 2025, the court denied the ex parte.

On March 5, 2025, Department 2 of the West Covina Court called Case No. 24WCUD01115 for trial. The case settled with judgment entered for Marcelino Acero and Jose M. Baez and against Plaintiff and Maria Isabel Arce Alejo.

The hearing on this present motion is set for April 9, 2025, along with a case management conference and order to show cause re: failure to file proof of service.

ANALYSIS

Plaintiff seeks an order staying the unlawful detainer proceeding, Case No. 24WCUD01115, pending resolution of the quiet title action. For the following reasons, the court deems Plaintiff’s motion MOOT.

Legal Standard

“When an unlawful detainer proceeding and an unlimited action concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or it may consolidate the actions.” (Martin-Bragg v. Moore (2013) 219 Cal.App.4th 367, 385, citing Friedman et al., Cal. Practice Guide: Landlord–Tenant (The Rutter Group 2012) ¶ 7:268, p. 7-58.15 (rev # 1, 2012), emphasis added.)

Discussion

The court deems the motion moot since the unlawful detainer action, case 24WCUD01115, is no longer pending. On March 5, 2025, Department 2 of the West Covina Court called the unlawful detainer action, Case No. 24WCUD01115, for trial. (Case No. 24WCUD01115 03/05/2025 Min. Order, p. 1.)

Prior to the start of trial, the parties settled the case with judgment entered for Marcelino Acero and Jose M. Baez (Plaintiffs in the UD action) and against Blas Ramon Arce Castellon and Maria Isabel Arce Alejo (Defendants in the UD action). (Case No. 24WCUD01115 03/05/2025 Min. Order, p. 1.) Blas Ramon Arce Castellon and Maria Isabel Arce Alejo promised to vacate the subject property by May 5, 2025, with no lock out before that date. (Case No. 24WCUD01115 UD Stipulated Judgment, p. 1.) The parties stipulated that the court would retain jurisdiction to enforce the settlement terms pursuant to Code of Civil Procedure, §664.6.  On March 11, 2025, Marcelino Acero filed a writ of possession for the subject real property. (Writ of Possession, p. 1.)

Because Case No. 24WCUD01115 is no longer pending, the motion to stay filed by Blas Ramon Arce Castellanos is DEEMED MOOT.

CONCLUSION

Based on the foregoing, the Motion to Stay Unlawful Detainer Proceedings Pending Quiet Title Action filed by Blas Ramon Arce Castellanos is DEEMED MOOT.