Alvarez v. Ramirez CA1/3
── Alvarez v. Ramirez CA1/3 ──
Court: California Court of Appeal
Date: May 15, 2026
Category: General
Filed 5/15/26 Alvarez v. Ramirez CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or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.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
BALTHASAR ALVAREZ et al.,
A172234
Plaintiffs and Respondents,
v. (Alameda County
Super. Ct. No. 22-CV-018329)
NOEL RAMIREZ,
Defendant and Appellant.
Noel Ramirez (defendant) appeals from an order denying his motion to
set aside a default judgment awarding substantial damages to four of his
former tenants (plaintiffs). (Civ. Proc. Code, § 473, subd. (d) (§ 473(d));
statutory references are to this code unless otherwise indicated.) Defendant
contends the judgment is void for lack of jurisdiction or, alternatively, the
trial court abused its discretion by denying him relief from default. We
affirm.
BACKGROUND
Plaintiffs’ Complaint
In September 2022, plaintiffs filed their operative complaint seeking
damages for harm they suffered while living at a property on Wildwood
Street in Hayward that was owned by defendant (the Wildwood property).
According to the complaint, each plaintiff entered into a verbal agreement
with defendant to rent a different room at the Wildwood property, which had
1
three bedrooms and a living room that was walled off to form two additional
bedrooms. Plaintiffs alleged they were all “victims of [a] consistent pattern of
harassment, intimidations, and other violations from Defendant.”
Defendant’s conduct allegedly included invading plaintiffs’ privacy by
entering their rooms without notice, rifling through and taking their
property, and installing a camera in the kitchen. Plaintiffs alleged that
defendant called them offensive names, habitually threatened eviction,
destroyed their property, and intimidated them into complying with
unreasonable demands. The complaint contains specific allegations
regarding each plaintiff’s interactions with defendant, which we summarize
briefly.
Plaintiff Morales moved into the garage of the Wildwood property,
pursuant to a verbal agreement to pay rent of $1,300 a month. Defendant
accepted Morales’s payments but never provided the receipts Morales
requested. The garage was not permitted or suitable for habitation, and it
flooded during heavy rains. Defendant allegedly entered without notice on
several occasions and when Morales protested, defendant “used intimidation
tactics, physical violence, and aggressive behavior against Morales.” He also
“filed false criminal allegations against Morales,” causing Morales to suffer a
weekend in jail before he was released without charges. In addition,
defendant allegedly took Morales’s property and documents, attempted to
withdraw $1,300 from Morales’s bank account, and cut the cable to Morales’s
satellite dish.
Plaintiff Martinez moved into an unpermitted bedroom at the
Wildwood property, pursuant to a verbal agreement to pay monthly rent of
$800 in cash. Defendant accepted Martinez’s payments without providing
the receipts Martinez requested. Subsequently, Martinez moved into the
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master bedroom and agreed to pay $1,100 in monthly rent. Defendant
allegedly entered Martinez’s room without notice or permission, took
photographs, and sent Martinez
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the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
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