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United States Court Cases

California Fourth Appellate District Division 3 Record

Edwards v. Western Exterminator Company

Parties and Attorneys

Edwards v. Western Exterminator Company
Case Number G045765
Party Attorney
Western Exterminator Company : Defendant and Appellant
Ronald W. Novotny
Atkinson, Andelson, Loya, Ruud & Romo
12800 Center Court Dr., Ste. 300
Cerritos, CA 90703

Jim Edwards : Plaintiff and Respondent
Matthew S. Dente
The Dente Law Firm
600 B St., Ste. 1900
San Diego, CA 92101

James R. Hawkins
James Hawkins APLC
9880 Research Dr., Ste. 200
Irvine, CA 92618

Office of the Attorney General : Interested Entity/Party
Consumer Law Section
300 S Spring Street
Los Angeles, CA 90013-1230



Case Summary

Trial Court Case:
30-2010-00433901
Court of Appeal Case:
G045765
Division:
Case Caption:
Edwards v. Western Exterminator Company
Case Type:
CV
Filing Date:
09/08/2011
Completion Date:
03/14/2012
Oral Argument Date/Time:


Docket (Register of Actions)

Edwards v. Western Exterminator Company
Case Number G045765
Date Description Notes
09/12/2011 Notice of appeal lodged/received. by aplt Western Exterminator Co.
09/12/2011 Received copy of: notice designation record on appeal - aplt proceeding by 8.124 w/RT
09/19/2011 Certification of Interested Entities or Persons filed. by aplt
09/22/2011 Civil case information statement filed.
09/22/2011 To court. Misc folder with CCIS
09/30/2011 Order filed. The parties are ordered to file informal letter briefs regarding whether an order denying leave to file an amended petition for arbitration is appealable. The briefs shall be filed with this court no later than October 17, 2011.
09/30/2011 Note: 9/30/11 - MISC. FOLDER IN TCT DRAWER FOR 10/17/11
09/30/2011 Notice to reporter to prepare transcript. J. Scott.
10/06/2011 Notice per rule 8.124 - with reporter's transcript.
10/06/2011 Reporter's transcript filed. 1 RT
10/17/2011 Letter brief filed. Defendant and Appellant: Western Exterminator Company
Attorney: Ronald W. Novotny **Per order of 9/30/11
10/17/2011 Letter brief filed. Plaintiff and Respondent: Jim Edwards
Attorney: James R. Hawkins
Attorney: Matthew S. Dente
10/18/2011 Filed proof of service. (Amended)
showing formal service to parties for respondent's ltr brief filed on 10/17/11 (No CC)
11/03/2011 Requested - extension of time
Appellant's appendix and opening brief filed. Requested for 12/15/2011 By 30 Day(s)
11/04/2011 Granted - extension of time.
Appellant's appendix and opening brief filed. Due on 12/15/2011 By 30 Day(s)
12/14/2011 Appellant's appendix and opening brief filed. Defendant and Appellant: Western Exterminator Company
Attorney: Ronald W. Novotny 1-vol appendix
01/09/2012 Telephone conversation with: Left message for Atty Dente re need proof of service to client (rule 8.60(f)(1)) for stipulation to extend RB.
01/09/2012 Requested - extension of time
Respondent's brief. Requested for 02/14/2012 By 32 Day(s)
BY STIPULATION
01/09/2012 Stipulation of extension of time filed to:
Respondent's brief. Due on 02/14/2012 By 32 Day(s)
01/13/2012 Dismissal order filed. THE COURT:*

Having considered the arguments submitted by the parties in letter briefs, we conclude the court has no jurisdiction to rule on the merits of this appeal. Appellant has appealed from an order denying a motion for leave to file an amended petition to compel arbitration, which is a nonappealable order. (See Code of Civ. Proc., ยงยง 904.1, 1294.) The appeal is DISMISSED. Appellant asked this court, alternatively, to treat the appeal as a petition for a writ of mandate from the order denying leave to amend. The court GRANTS the request to treat the appeal as a writ petition, but DENIES the extraordinary relief requested.


RYLAARSDAM, ACTING P. J.

* Before Rylaarsdam, Acting P. J., Moore, J., and Ikola, J.
03/14/2012 Remittitur issued.
03/14/2012 Case complete.
07/12/2012 Record shipped to records center List 97, Box #664554452.
11/18/2021 Record destroyed pursuant to rule 10.1028


Briefs

Edwards v. Western Exterminator Company
Case Number G045765
Brief Due Date Date Filed Party and Attorney Notes
Letter brief filed. 10/17/2011 Defendant and Appellant: Western Exterminator Company
Attorney: Ronald W. Novotny
**Per order of 9/30/11
Letter brief filed. 10/17/2011 Plaintiff and Respondent: Jim Edwards
Attorney: James R. Hawkins
Attorney: Matthew S. Dente

Appellant's appendix and opening brief filed. 12/14/2011 Defendant and Appellant: Western Exterminator Company
Attorney: Ronald W. Novotny
1-vol appendix


Future Scheduled Actions

Edwards v. Western Exterminator Company
Case Number G045765

No information found.



Disposition

Edwards v. Western Exterminator Company
Case Number G045765
Description:
Other involuntary dismissal
Date:
01/13/2012
Disposition Type:
Final
Publication Status:
Author:
Participants:
Case Citation:
none


Trial Court

Edwards v. Western Exterminator Company
Case Number G045765
Trial Court Name:
Orange County Superior Court - Central
County:
Orange
Trial Court Case Number:
30-2010-00433901
Trial Court Judge:
Bauer, Ronald
Trial Court Judgment Date:
07/11/2011