Judge Ronald F. Frank, Case 21TRCV00559 2023-04-24 Tentative Ruling

Judge: Ronald F. Frank, Case: 21TRCV00559, Date: 2023-04-24 Tentative Ruling

Case Number: 21TRCV00559 Hearing Date: April 24, 2023 Dept: 8

Tentative Ruling

HEARING DATE: April 24, 2023¿

CASE NUMBER: 21TRCV00559

CASE NAME: Sergio Magallanes v. Javier Narvaez, et al.

MOVING PARTY: Defendant, Javier Nervaez

RESPONDING PARTY: Plaintiff, Sergio Magallanes

TRIAL DATE: October 17, 2023

MOTION:¿ (1) Motion for Leave to File Cross-Complaint

Tentative Rulings: (1) OFF CALENDAR

I. BACKGROUND¿

A. Factual¿

¿¿

On July 30, 2021, Plaintiff, Sergio Magallanes (“Plaintiff”) filed a Complaint against Defendant, Javier Nervaez (“Defendant”). The Complaint alleges causes of action for: (1) Quiet Title; and (2) Declaratory Relief. The Complaint is based on the allegations that on or about February 2010, Plaintiff desired to purchase a home for himself, who was unmarried at the time, but did not qualify for a loan. Plaintiff notes that his uncle, the Defendant, who is married to Plaintiff’s father’s sister, agreed to help him by co-signing on the loan. Plaintiff further contends that the lender required that the co-signer also be on title to the property. Plaintiff notes that he and Defendant purchased the property with a purchase price of $265,000. Plaintiff also notes he put down payment of appropriately $20,000 in its entirety, although part of said sum was a fit or loan from his father. Plaintiff claims that although Plaintiff and Defendant took title as joint tenants, no amount of the down payment, closing costs or purchase price was paid by the Defendant nor loaned by the Defendant. Plaintiff further notes that after escrow closed, the Plaintiff took sole possession of the Property and has been living therein at all times to the present. Plaintiff adds that from 2010 to present, Plaintiff paid each and every mortgage payment, and paid all expenses associated with the property, including but not limited to property taxes, insurance, home repairs, and home improvements.

However, Plaintiff notes that his father and Defendant fell in disfavor with each other, and Plaintiff wished to refinance the Property and take his uncle off the loan and title, but Defendant has failed and refused to cooperate and has demanded exorbitant sums from the Plaintiff and made threats against the Plaintiff, thereby necessitating the instant Complaint and request for judicial intervention.

B. Procedural

On March 21, 2023, Defendant, Javier Narvaez filed a Motion for Leave to File Cross-Complaint (“CC”). On April 10, 2023, Plaintiff filed an opposition. On April 17, 2023, Defendant filed a reply brief. On April 19, 2023, Plaintiff’s counsel filed a Notice of Settlement, requesting that all pending dates be taken off calendar.

CONCLUSION

Because of the settlement, the Court has vacated the trial date and taken the motion for leave to file Cross-Complaint off the calendar for April 24, 2023