Aframian v. Superior Court CA4/1

Filed 8/18/20 Aframian v. Superior Court CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE

STATE OF CALIFORNIA

HOUSHANG AFRAMIAN et al., D077736

Petitioners, (San Diego County Super. Ct. No. 37-2013-00078078- v. CU-BT-CTL)

THE SUPERIOR COURT OF SAN DIEGO COUNTY,

Respondent;

OVERLAND DIRECT, INC.,

Real Party in Interest.

ORIGINAL PROCEEDING in mandate. Joel R. Wohlfeil, Judge. Petition granted.

Epport, Richman & Robbins, LLP, Stephen C. Huskey, and Christopher R. Nelson, for petitioners.

No appearance for respondent.

Blanchard, Krasner & French and John F. Whittemore for real party in interest.

Houshang, Maria, and Amir Aframian petition for a writ of mandate to compel the superior court to calendar their timely motion for summary judgment for a hearing. We grant the petition. BACKGROUND The Aframians are defendants in one of several consolidated actions pending in the superior court that were commenced by Overland Direct, Inc. (Overland), to recover real property it alleges the Aframians and others obtained by a fraudulent scheme. Trial was initially set for March 20, 2020, but had to be continued due to the COVID-19 pandemic. At a hearing on June 22, the superior court set trial for October 23 and took all motions off calendar based on the motion cutoff date that had been set for the original trial date. On July 6, another defendant in the underlying actions applied ex parte to recalendar the motion for summary judgment that it had filed earlier and that the court had taken off calendar at the June 22 hearing. The court granted the application and reset the hearing and also advised the parties they could seek leave to file new motions on a showing of good cause. On July 8, the Aframians applied ex parte for leave to file a motion for summary judgment and have it heard before trial. Finding the Aframians had not been so diligent as the other defendant who was given a hearing date, the superior court denied the application. The Aframians nevertheless filed the motion and personally served it on Overland on July 10 with a tentative hearing date of September 23.