DON RAMON'S REAL ESTATE, LLC VS. DE LA MANCHA ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD19666378 - October 7, 2025 Hearing date: October 7, 2025 Case number: CUD19666378 Case title: DON RAMON'S REAL ESTATE, LLC VS. DE LA MANCHA ET AL Case Number: | | CUD19666378 | Case Title: | | DON RAMON'S REAL ESTATE, LLC VS. DE LA MANCHA ET AL | Court Date: | | 2025-10-07 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion For Mandatory Case Dismissal And To Vacate Void Orders | Rulings: | | Real Property/Housing Court Law and Motion calendar for October 7, 2025, line 4.

Defendant's Motion for Mandatory Dismissal and to Vacate Void Orders is DENIED in part and moot in part.

Motion is DENIED as to request for dismissal per CCP 583.310 et seq. 5 years have not yet run from the filing of the operative complaint in the general civil action. There is no argument that plaintiffs could have filed their complaint for damages as a separate action; had they followed that course, they would not have faced section 583.310 on these claims until 2027. Instead, they chose the judicially more economical path of filing an amended complaint per CC 1952.3. See Brumley v. FDCC California, Inc. (2007) 156 Cal.App.4th 312. "Any rule that penalizes a plaintiff for the mere form in which the pleadings are cast is inherently unfair and deserves to be discarded." (Id).

To the extent this motion is made on behalf of Brian Alvarez, an individual, not a moving party on this motion, which is brought solely by "De La Mancha," the Motion is DENIED.

Motion is MOOT as to the request to vacate orders entered between April 5, 2025 and September 1, 2023 is moot. The Court has previously vacated the default entered on September 1, 2023. The Court also ordered the Defendant to provide responses to all outstanding discovery served on Defendant's prior counsel before the suspension on January 27, 2023 and authorized the Plaintiff to file any proper discovery motions upon the receipt of the discovery responses. See September 4, 2025. The Court clearly re-set the discovery back to pre-January 27, 2023, providing each side an opportunity to comply with discovery/file appropriate motions to obtain orders in conjunction with discovery.

This is the same discovery that was the subject of April 5, 2023-August 22, 2023 order, i.e. these orders have been vacated by a superseding order of September 4, 2025 re: outstanding discovery in this case. =(501/CFH)

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