17-CIV-00757 GATEWAY BANK F.S.B. vs. GERASIMOS METAXAS, et al.

GATEWAY BANK, F.S.B. JEFFREY B. KIRSCHENBAUM

GERASIMOS METAXAS MICHAEL H. MEYER

MOTION TO CONSOLIDATE WITH CIV534510

TENTATIVE RULING:

Defendants Gerasimos Metaxas et. al.’s Motion to Consolidate Case No. CIV534510, filed 7-2-15, with Case No. 17CIV00757, filed 2-21-17, is DENIED. For the reasons set forth in Plaintiff’s Opposition brief, the Court finds no requirement or compelling reason to consolidate the fraudulent transfer case (17CIV00757) with the fraud case against Poppi Metaxas (CIV534510). The Court also finds that consolidation could unfairly prejudice Plaintiff by delaying its efforts to ascertain and potentially secure propert(ies) that is/are the subject of the alleged fraudulent transfer(s). As the Court previously stated when overruling Defendants’ Demurrer to Plaintiffs’ Complaint in the fraudulent transfer case, Plaintiff Gateway is not required to wait until the fraud case against Poppi Metaxas is decided before proceeding with its fraudulent transfer claim(s). See 6-9-17 Order overruling Defendants’ Demurrer.

Defendants’ unopposed Request for Judicial Notice is GRANTED. Evid. Code Sect. 452(d). With respect to the two Complaints and the First Amended Complaint, judicial notice is taken as to the documents’ filing dates and the allegations therein, but not as to the truth of any allegations.