2nd Appellate District
Docket (Register of Actions)
Dyson-Turner et al. v. Pacifica Foundation, Inc. et al.
Division 7
Division 7
Case Number B314537
| Date | Description | Notes |
|---|---|---|
| 08/26/2021 | Notice of appeal lodged/received. | Aug. 11, 2021: Andrea Dyson-Turner, et al. |
| 08/26/2021 | Default notice sent-appellant notified per rule 8.100(c). | No fee rcvd |
| 08/26/2021 | Notice per rule 8.124 - with reporter's transcript. |
Notice dated Aug. 20, 2021 *RT to be lodged* |
| 08/31/2021 | Filing fee. | Paid $775.00 |
| 09/07/2021 | Civil case information statement filed. |
Plaintiff and Appellant: Andrea Dyson-Turner Plaintiff and Appellant: Christina Huggins Plaintiff and Appellant: Donald Goldmacher |
| 10/08/2021 | Settled statment filed. | Proceedings on July 23, 2021 |
| 10/13/2021 | Reporter's transcript filed. | 1 volume (April 20, 2021) |
| 10/28/2021 | Stipulation of extension of time filed to: | |
| 11/05/2021 | Order filed. |
On August 31, 2021, appellants' made a $565.45 overpayment of filing fees. On the Court's own motion, the court orders a refund of the overpayment amount of $565.45. [order emailed to appellant's counsel only] |
| 11/23/2021 | Requested - extension of time | |
| 11/29/2021 | Granted - extension of time. | |
| 12/17/2021 | Requested - extension of time | |
| 12/20/2021 | Granted - extension of time. | |
| 12/22/2021 | Motion filed. | Appellants' unopposed motions to proceed with a reporter's transcript and agreed statement and to consolidate appeals |
| 01/18/2022 | Requested - extension of time | |
| 01/20/2022 | Granted - extension of time. | |
| 01/10/2022 | Notice of appeal lodged/received. | Appeal filed Dec 1, 2021 by Andrea Turner et al. (U)*B317461 |
| 01/11/2022 | Civil case information statement filed. |
Plaintiff and Appellant: Andrea Dyson-Turner Plaintiff and Appellant: Christina Huggins Plaintiff and Appellant: Donald Goldmacher *B317461 |
| 01/24/2022 | Filed order consolidating with case: |
The court has read and considered appellants' December 22, 2021 unopposed motion to consolidate B314537 and B317461 and proceed with a reporter's transcript and agreed statement. Good cause appearing therefor, IT IS HEREBY ORDERED that appellants' motion to consolidate is granted. Appeal B314537 (notice of appeal filed August 11, 2021) and appeal B317461 (notice of appeal filed December 1, 2021) are consolidated under appeal number B314537. All documents previously filed under B317461 are refiled under B314537. All future submissions to the court shall be made under appeal B314537. All subsequent briefs shall be filed within the time provided by rule. IT IS FURTHER ORDERED that notice of appeal filed August 11, 2021 and notice of appeal filed December 1, 2021 are allowed to proceed with both a reporter's transcript and an agreed statement. Superior Court's default as to the record on appeal shall be vacated. |
| 03/09/2022 | Appellant notified re failure to timely file opening brief. | Andrea Dyson-Turner, et al. - Brief was due February 22, 2022 |
| 03/16/2022 | Change of address filed for: | Attorney Mark S. Eisenberg |
| 03/23/2022 | Received default notice 8.121(a) designation not filed. Dated: |
Non-compliance from lasc filed Mar 2, 2022 (Appeal Dec 1, 2021) |
| 03/24/2022 | Appellant's appendix and opening brief filed. |
Plaintiff and Appellant: Andrea Dyson-Turner Plaintiff and Appellant: Christina Huggins Plaintiff and Appellant: Donald Goldmacher 10/28/2021 Stipulation of extension of time filed to:. Due on 11/29/2021 By 31 Day(s) 11/23/2021 Requested - extension of time. Requested for 12/20/2021 By 21 Day(s) 11/29/2021 Granted - extension of time. Due on 12/21/2021 By 22 Day(s) 12/17/2021 Requested - extension of time. Requested for 01/20/2022 By 30 Day(s) 12/20/2021 Granted - extension of time. Due on 01/20/2022 By 30 Day(s) 01/18/2022 Requested - extension of time. Requested for 02/22/2022 By 33 Day(s) 01/20/2022 Granted - extension of time. Due on 02/22/2022 By 33 Day(s)Four volumes of appellants' appendix |
| 03/30/2022 | Motion filed. | Appellants' motion to vacate superior court default of case B317461 |
| 04/04/2022 | Default notice vacated. |
The court has read and considered appellants' March 30, 2022 motion to vacate superior court default. Good cause appearing therefor, IT IS HEREBY ORDERED that appellants' motion is granted. Superior Court's default on appeal (notice of appeal filed December 1, 2021) filed on March 2, 2022 is vacated. Within 10 days of the date of this order, appellants are to comply with California Rules of Court, rule 8.121. Failure to do so may result in the dismissal of the appeal without further notice. |
| 04/11/2022 | Record on appeal filed. | ONE: Clerk/Agreed Statement (69 Pages) |
| 04/18/2022 | Motion filed. | Appellants' motion to vacate Superior Court non-compliance of case B317461 and to order the Superior Court to accept appellants' designation of the record.*Pursuant to superior court vacating default on May 2, 2022, this motion is moot and a ruling is not necessary. |
| 04/21/2022 | Stipulation of extension of time filed to: | |
| 04/28/2022 | Default notice received-appellant notified per rule 8.140(a)(1). |
clerk's notice of non-compliance of default on appeal dated 4/15/2022; re appeal filed 12/1/2021 (U); appellants failed to comply with the relief order filed 4/4/2022. |
| 05/02/2022 | Received copy of document filed in trial court. | Notice filed May 2, 2022 of vacating default or non-compliance |
| 06/06/2022 | Requested - extension of time | |
| 06/07/2022 | Granted - extension of time. | |
| 08/08/2022 | Requested - extension of time | re respondents Alex Steinberg and Grace Aaron. |
| 08/08/2022 | Granted - extension of time. | *****No further extensions of time are contemplated.***** |
| 08/18/2022 | Respondent notified re failure to file respondent's brief. | |
| 08/19/2022 | Filed change of firm name. | Respondent's counsel changed its firm name to Grant l Shenon, APLC |
| 08/31/2022 | Respondent's brief. |
Defendant and Respondent: Alex Steinberg Defendant and Respondent: Grace Aaron |
| 09/01/2022 | Filed joinder to: | Respondent Pacifica Foundation, Inc.'s joinder to Grace Aaron, et al.'s respondent's brief |
| 09/02/2022 | Default notice for responsive filing fee sent to: | Non-compliance to respondent Pacifica Foundation, Inc. re missing responsive fee |
| 09/02/2022 | Default notice for responsive filing fee sent to: | Non-compliance to respondents Grace Aaron et al. re missing responsive fee |
| 09/02/2022 | Filing fee. | $390 responsive filing fee paid for Pacifica Foundation, Inc. |
| 09/13/2022 | Received: | Letter from respondents Grace Aaron et al. attaching $390 responsive fee |
| 09/13/2022 | Filing fee. | $390 responsive fee by respondents Grace Aaron et al. |
| 09/16/2022 | Requested - extension of time | |
| 09/16/2022 | Granted - extension of time. | |
| 10/13/2022 | Filed document entitled: | Respondents' notice of lodging respondents' appendix, volume 1 to 4 |
| 10/13/2022 | Respondent's appendix filed. | Volume 1 through 4 on disc |
| 10/14/2022 | Filed document entitled: | Appellant's objections to lodging of respondent's appendix, volumes 1-4 |
| 10/17/2022 | Filed document entitled: | Respondents' response to appellants' objections to notice of lodging respondents' appendix, volume 1-4 |
| 10/17/2022 | Filed document entitled: | Appellant's reply to respondents' response to objections to the lodging of respondents' appendix, volumes 1-4 |
| 10/18/2022 | *** Motion/Request Deferred *** | Appellants' objections will be considered by the panel hearing the merits of the appeal. |
| 10/21/2022 | Motion filed. | Appellants' motion to strike respondents' appendix |
| 10/21/2022 | Appellant's reply brief. |
Plaintiff and Appellant: Andrea Dyson-Turner Plaintiff and Appellant: Christina Huggins Plaintiff and Appellant: Donald Goldmacher |
| 11/10/2022 | *** Motion/Request Deferred *** |
The court has read and considered appellants' motion to strike respondents' appendix, filed October 21, 2022. Good cause appearing therefor, IT IS HEREBY ORDERED that the motion to strike will be determined by the panel assigned to hear the merits of the appeal. |
| 11/10/2022 | Case fully briefed. | |
| 11/10/2022 | Notice sent to parties re: case fully briefed. | |
| 11/16/2022 | Errata filed to: | Respondent's brief |
| 12/21/2022 | Calendar notice sent. Calendar date: | February 2 or 3, 2023 (TBD) |
| 12/22/2022 | Request for oral argument filed by: | Attorney Adam Grant for respondent Pacifica Foundation (in person) |
| 01/04/2023 | Request for oral argument filed by: | Attorney Tracy Fehr for appellants (remote) |
| 01/05/2023 | Request for oral argument filed by: |
Attorney Mark S. Eisenberg for respondents Grace Aaron and Alex Steinberg. (In person) |
| 01/06/2023 | Email sent to: | This case is ordered on calendar for February 3, 2023 at 1:30 p.m. by remote appearance. |
| 01/27/2023 | Email sent to: |
All counsel: Bluejeans oral argument instructions |
| 02/03/2023 | Cause argued and submitted. | |
| 02/14/2023 | Opinion filed. |
The order of dismissal is reversed and the cause remanded with instruction to the trial court to vacate its order sustaining Aaron and Steinberg's demurrer without leave to amend and to enter a new order sustaining the demurrer with leave to amend. The Turner parties are to recover their costs on appeal. (Signed Unpublished) |
| 02/15/2023 | Received: | Request for copy of oral argument audio recording from The Jaffe Law Firm |
| 04/20/2023 | Remittitur issued. | The Turner parties are to recover their costs on appeal. |
| 04/20/2023 | Case complete. |
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