Case Number: VC065260 Hearing Date: June 16, 2016 Dept: SEC

GALLARDO v. BANK OF AMERICA, N.A.
CASE NO.: VC065260
HEARING: 06/16/16

#8
TENTATIVE ORDER

Plaintiffs EFRAIN GALLARDO and ANNIE GALLARDO’s motion to consolidate the subject action with the pending unlawful detainer action is GRANTED. C.C.P. § 1048.

This action is hereby consolidated with case number 16UN1370, with VC065260 acting as the lead case. C.R.C. 3.350(b). Although the earlier filed case is typically deemed the lead case, for logistical purposes, the civil action will be designated the lead case here.

All dates in the UD action are VACATED. The matter is currently set for a Case Management Conference on June 20, 2016 at 8:30 a.m. in Department SE-F

Plaintiffs seek to consolidate the unlawful detainer action with the subject case, so that their claims of title may be adjudicated prior to any eviction proceedings.
Defendants oppose, arguing that consolidation would obliterate the statutory priority granted to unlawful detainer actions. See C.C.P. § 1159 et seq.
While that is generally true, where there is a dispute as to title to the property which is also the subject of a UD action, consolidation is appropriate. See Martin-Bragg v. Moore (2013) 219 Cal.App.4th 367. The summary UD proceedings were designed for routine cases in which the tenant has failed to pay rent or has held over beyond the duration of the lease. Where title is involved, the issues are often too complex to be tried within the time parameters of the UD statute. Id. at 388-89.

The lender/servicer defendants oppose consolidation, in part because plaintiff in the unlawful detainer action (GRAND RIVER INVESTMENT, LLC) is not a party to the civil action. While that is true, Grand River’s status as a bona fide purchaser is challenged in the civil action. The Court finds the Gallardo plaintiffs have alleged a colorable claim for wrongful foreclosure based on the alleged invalidity of assignments and are entitled to have that issue fully adjudicated. See Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919. Accordingly, their motion for consolidation is granted.