Tentative ruling issued by Judge Robert C. Hight on Sep. 07, 2017 in Sacramento County, CA - Case no: xxxxxGDS

Plaintiffs Brian T. Maley and Terese Weber-Maley ("Plaintiffs") move to consolidate Maley v. Wells Fargo Bank, N.A. (34-2017-00216353), a civil action, with Dedi Invest, LLC v. Maley (19UD0439), an unlawful detainer action. Plaintiffs' motion is DENIED.

Defendant Dedi Invest, LLC ("Defendant") opposes the motion. Defendant's request for judicial notice is granted.

Plaintiffs argue that consolidation is appropriate as both actions involve the same parties and similar issues, principally who has title to the subject real property. Plaintiffs contend the two cases should be consolidated because the wrongful foreclosure civil action is based on a written promise that the foreclosure sale would be postponed for a month while Plaintiffs completed the sale of the subject property. The unlawful detainer action is for the same property and is premised on the foreclosure sale having been legally and correctly performed. Plaintiffs argue that unless the unlawful detainer a….....