PLAINTIFFS’ MOTION TO CONSOLIDATE OR STAY
LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 16, 2026 TIME: 8:30 A.M.
Therefore, this motion for reconsideration is granted, and the Court’s Order Granting Plaintiff’s Ex Parte Application to Vacate Void Order Compelling Arbitration of April 14, 2026, is vacated. This action is ordered to arbitration and stayed pending its result.
No. 26CV00302, related to 26CV00585, 26CV01653
VILLAFRANCA et al. v. REAL TIME RESOLUTIONS, INC., et al.
PLAINTIFFS’ MOTION TO CONSOLIDATE OR STAY
The motion for a stay of the unlawful detainer action (26CV00585) is granted.
On January 28, 2026, Mariann and Providence Villafranca (“plaintiffs”) filed this verified complaint against Real Time Resolutions, Inc. and Nemovi Law Group, alleging wrongful foreclosure, cancellation of instruments, quiet title, declaration relief and unfair business practices. Next Door Neighbor Homes, LCC (“Neighbor Homes”) was added as a Doe defendant February 3, 2026. This case involves the non-judicial foreclosure sale of a property located at 825 Sir Francis Avenue, Capitola which was owned by the plaintiffs.
Plaintiffs contend that Mariann Villafranca executed a deed in favor of Mariann G. Villafranca and Anthony and Providence Villafranca. Mariann G. Villafranca and Anthony Villafranca executed a deed of trust with First American Title as trustee and Charles Schwab Bank as lender. This deed of trust secured a $100,000.00 loan made to Mariann and Anthony Villafranca. Providence Villafranca did not execute a deed of trust. On November 4, 2018, Anthony passed away, leaving the property to Mariann and Providence. Plaintiffs assert that at this time 75% of the property was subject to the deed of trust lien with Charles Schwab Bank. Apparently, the loan remained unpaid and no action was taken to collect on the loan for nearly 10 years when the deed of trust was assigned to Real Time Resolutions.
On November 13, 2024, a Notice of Default and Election to Sell under the deed of trust for $120,844.30 was filed. Mariann Villafranca filed a verified complaint against defendants for declaratory relief, wrongful foreclosure and violation of the Rosenthal Fair Debt Collections Act. (See, no. 25CV02380.) Mariann Villafranca states she was also attempting to negotiate the overdue loan and, on advice of her former counsel, dismissed the case because she believed “settlement was imminent.” (MPA at p. 5.) However, the property was sold via a trustee’s sale to Neighbor Homes in December 2025 and the Trustee’s Deed Upon Sale was recorded January 30, 2026. On February 24, 2026, Neighbor Homes filed an unlawful detainer action (26CV00585) against Mariann, Anthony and Providence Villafranca, seeking possession of the property.
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LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 16, 2026 TIME: 8:30 A.M.
The complaint in this case asserts, in general, that the sale of the home was illegal or fraudulent because it deprived Providence Villafranca of her interest in the property when defendants knew or should have known that she was an owner of the property and not on the mortgage and that her right in the property as superior to that of defendants.
Plaintiffs seek to consolidate this case with the unlawful detainer action pursuant to Code of Civil Procedure section 1048(a) or stay the unlawful detainer action pending resolution of this action on the merits. Plaintiffs assert this action concerns the validity of the foreclosure sale and that both cases involve complex issues of title which are inappropriate for the summary proceeding of unlawful detainer.
In opposition, Neighbor Homes asserts that the two cases do not raise common questions of law or fact because it had no role in the foreclosure process and holds title as a bona fide purchaser for value and so cannot be “charged with having committed actionable wrongdoing during the foreclosure process and holds title free of any unknown claims to title, including those asserted in the Complaint.” (Opp. at p. 1.) Neighbor Homes argues that the civil action fails to raise a legitimate issue of title (demurrers are set for July 21, 2026, by Real Time Resolution, Nemovi and Next Door.) If the Court grants the motion to consolidate, Neighbor Homes requests the Court order plaintiffs to make monthly rent payments of $6,530.00.
In reply, plaintiffs argue that the two cases involve the same property and parties and issues of ownership have been raised in each. Plaintiffs maintain that the trial court has the power to consolidate an unlawful detainer proceeding with a pending action in which title to the property is at issue, citing Martin-Bragg v. Moore (2013) 219 Cal.App.4th 367. Plaintiffs also argue contentions about the sufficiency of the pleadings is not appropriate at this stage. Nevertheless, plaintiffs maintain that the complaint taken as a whole establishes that Neighbor Homes was not a bona fide purchaser. Plaintiffs urge that “[t]he value of the debt itself pales in comparison to what has been the family home for decades now, and yet Plaintiff may wrongfully lose both title and the ability to reside in the home.” (Reply at p. 4.)
“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.) “Furthermore, courts have inherent equity, supervisory and administrative powers [Citations] as well as inherent power to control litigation before them. [Citation]. Inherent powers of the court are derived from the state Constitution and are not confined by or dependent on statute. [Citation.]” (Cottle v. Superior Court (1992) 3 Cal.App.4th 1367, 1377.) Given this pending action concerning the sale and title of the property, the Court will stay the unlawful detainer
LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 16, 2026 TIME: 8:30 A.M.
action until the issue of title is resolved. For that same reason, the Court declines to require the payment of rent as requested at this time.
NEIGHBOR HOME’S REQUEST FOR JUDICIAL NOTICE
1. Grant Deed recorded March 28, 2002, instrument number 2002-022506 in official records of Santa Cruz County Recorder’s Office. Granted.
2. Deed of Trust recorded March 28, 2025, instrument number 2002-022507 in official records of Santa Cruz County Recorder’s Office. Granted.
3. Deed of Trust recorded June 25, 2003, instrument number 2003-0061471 in official records of Santa Cruz County Recorder’s Office. Granted.
4. Petition for Order Confirming Trust Assets case number 20PR000083 Monterey County Superior Court on February 24, 2020. Granted.
5. Certificate of Death dated November 7, 2018. Granted.
6. Notice of Default recorded November 13, 2024, instrument number 2024-0022539 in official records of Santa Cruz County Recorder’s Office. Granted.
7. Notice of Trustee’s Sale, recorded June 17, 2025, instrument number 2025-0012630 in official records of Santa Cruz County Recorder’s Office. Granted.
8. Trustees Deed Upon Sale recorded June 17, 2025, instrument number 2025-0012630 in official records of Santa Cruz County Recorder’s Office. Granted.