Case Number: KC069491 Hearing Date: March 12, 2018 Dept: J

Re: Fernando Hernandez v. George F. Alvarez, et al. (KC069491)

MOTION TO RESTORE DEFENDANT’S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT TO CALENDAR

Moving Party: Defendant George F. Alvarez

Respondent: No timely opposition filed (due 2/27/18)

POS: Moving OK[1]

Plaintiff alleges that he purchased the real property located at 4847 Slancroft Avenue in Baldwin Park (“subject property”) from George “Frank” Alvarez (“Alvarez”) in 2005 and thereafter made mortgage payments to him. Alvarez apparently sold the subject property in 2017 to Oseguera Investments Inc. The complaint was filed 7/27/17. The First Amended Complaint, filed 2/8/18, asserts causes of action against Defendants Alvarez, Juan Sanchez, Oseguera Investments, Inc., Steve Carmona, Laikin Realty Corp., All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs’ Title or Any Cloud on Plaintiffs’ Title Thereto and Does 1-20 for:

Quiet Title

Breach of Contract

Breach of the Covenant of Good Faith and Fair Dealing

Breach of Fiduciary Duty

Negligent Misrepresentation

Fraud

Money Had and Received/Unjust Enrichment

A Case Management Conference is set for 4/5/18.

Defendant George F. Alvarez (“defendant”) moves the court to restore his motion for leave to file a cross-complaint to the law and motion calendar and to grant same. Since defendant did not contest the court’s tentative ruling to grant his motion for leave to file cross-complaint set for hearing on 11/9/17, he did not realize he needed to appear on 11/9/17.

Defendant’s motion is granted. The court previously issued a tentative ruling in connection with defendant’s motion for leave to file cross-complaint, which was set for hearing on 11/9/17. No opposition to the motion had been filed. The tentative was to grant the motion. (Motion, Exhibit “A”). Defendant did not appear on 11/9/17, because he mistakenly believed that no appearance was necessary under the circumstances. The court placed the motion off calendar on 11/9/17 after no appearances were made.

Defendant reserved this instant motion on the Court Reservation System on 11/13/17 and provided sufficient notice to plaintiff.

Defendant is ordered to serve written notice of the court’s ruling on counsel for plaintiff and any other parties that have appeared in the action, and to file proof that he has done so with the court.

[1] The proof of service accompanying the motion reflects that it was mail-served to Plaintiff Fernando Hernandez on 11/15/17. Although plaintiff is currently represented by attorney Aren Derbarseghian, Derbarseghian did not substitute in as counsel until 11/17/17.