Jones v. Alonso CA2/2

Filed 3/5/15 Jones v. Alonso CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

ERVIN LOUIS JONES, SR., B254133

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC512796) v.

PILAR ALONSO,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Barbara A. Meiers, Judge. Dismissed in part, affirmed in part. Law Offices of Bahram Madaen, Bahram Madaen; Bryan K. Theis, for Plaintiff and Appellant. Law Offices of Anthony N. Ranieri, Anthony N. Ranieri, for Defendant and Respondent.

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Ervin Louis Jones, Sr. (plaintiff) appeals (1) the judgment dismissing his lawsuit after sustaining a demurrer without leave to amend, and (2) the denial of his postjudgment motion for relief from the judgment due to attorney error. We lack jurisdiction over the first part of his appeal, and conclude the second part is without merit. We accordingly dismiss as to the first part, and affirm as to the second part. FACTUAL AND PROCEDURAL HISTORY Pilar Alonso (defendant) loaned plaintiff money, secured by deeds of trust on four parcels of property plaintiff owned. When plaintiff defaulted on the loans, defendant foreclosed on the properties. Plaintiff subsequently sued defendant on 18 different theories, seeking to quiet title, rescission, and compensatory and punitive damages. Defendant demurred to the complaint, and his demurrer listed the hearing date of September 26, 2013. Plaintiff filed a written opposition, and his papers also listed the same hearing date. Because plaintiff’s counsel did not see the hearing listed on the court’s website, she did not appear at the hearing. The trial court sustained the demurrer without leave to amend, and entered judgment a week later—on October 3, 2013. Plaintiff was served with notice of entry of that judgment on December 2, 2013. On October 7, 2013, plaintiff filed a motion for reconsideration under Code of 1 Civil Procedure section 1008 and for relief from judgment under section 473, 2 subdivision (b). The trial court denied that motion on January 16, 2014. Plaintiff filed a notice of appeal on February 3, 2014. DISCUSSION In his notice of appeal, plaintiff appeals (1) the “[j]udgment of dismissal after an order sustaining a demurrer,” and (2) “[d]enial of [the] motion to set aside the dismissal of the entire action.”