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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114797
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My demurrer on my Unlawful detainer case was denied. I need

Customer Question

My demurrer on my Unlawful detainer case was denied. I need to file an answer. My property foreclosed in October while I was in the middle of a loan mod. So I am currently suing the bank in a Civil complaint for wrongful foreclosure/ dual tracking. At
this point in the eviction stage, do I give Notice of Related cases in efforts to dismiss the eviction? OR what do I file a Motion to consolidate cases to remove the eviction (along with the Answer)?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would attach notice of related cases to a Motion for Stay and consolidation on the unlawful detainer and ask the court to stay the unlawful detainer pending the outcome of the other case and also to consolidate it with the other case "in the interest of judicial economy."
Customer: replied 1 year ago.
There has not been a judgment made yet or trial for the unlawful detainer. The motion for Stay I found shows the stay for judgment. Is this the correct format since the trial has not been set yet? Do you have a copy of a Motion for Stay eviction that I can review?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It is the same type of motion, you are asking to stay the case until the judgment on the other case and ask as part of that motion to consolidate. It is the same format, you just change the wording to ask for the court to stay the case and consolidate. Format is identical.