De Perez v. Guzman

Filed 1/10/07  De Perez v. Guzman CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

                      APPEAL from the Superior Court of San Bernardino County.   Kenneth Andreen, Judge.  (Retired Associate Justice of the Court of Appeal, Fifth Appellate District assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.)  Affirmed.

                      Aviles & Associates and Moises A. Aviles for Plaintiff and Appellant.

                      No appearance by Respondent.

1.  Introduction

                      The decedent's girlfriend, plaintiff Reynalda Gonzales De Perez, filed an action against the decedent's son, Isidro Guzman, Jr. (Isidro Jr.), over property bequeathed to her before the decedent's death.  When Isidro Jr. failed to answer plaintiff's complaint, the court granted plaintiff's motion for default judgment.  The court later granted Isidro Jr.'s motions to vacate the default and quash service of process.  On appeal, plaintiff claims the trial court erred in finding that service of process was inadequate where plaintiff sent a copy of the summons and complaint to Isidro Jr.'s attorney.

                      We conclude that the trial court did not abuse its discretion in granting Isidro Jr.'s motions because Isidro Jr. had not authorized his attorney to receive service of process on his behalf.  We affirm the court's orders.

2.  Factual and Procedural History

                      On April 28, 2005, plaintiff filed a complaint against Isidro Jr. and John Williams, for declaratory relief, injunctive relief, and damages based on a number of causes of action, including quiet title.  Plaintiff claimed that she and her boyfriend, Isidro Guzman, Sr. (Isidro Sr.), had lived together for about seven years at 661 South Valley View Avenue in San Bernardino.  On January 3, 2005, Isidro Sr. executed a will in which he bequeathed to plaintiff the Valley View property.  Later that same month, Isidro Sr. executed a quitclaim deed giving plaintiff his interest in the property.

                      On November 1, 2004, a grant deed was recorded granting the property to Isidro Jr.  Plaintiff alleged that Isidro Jr. and his notary public John Williams forged the document.  Isidro Jr. filed a police report accusing plaintiff of real estate fraud.

                      On or about May 13, 2005, Isidro Jr.'s attorney, Sidney W. Jones, sent plaintiff's attorney a letter delineating the items that they previously had discussed and agreed upon.  In the letter, Jones wrote, â€