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United States Court Cases

California Fourth Appellate District Division 1 Record

T.W. v. M.S.

Parties and Attorneys

T.W. v. M.S.
Case Number D079984
Party Attorney
T. W. : Appellant
Jennafer Dorfman Wagner
Family Violence Appellate Project
449 15th Street
Suite 104
Oakland, CA 94612

Nathaniel Kawika Fisher
Squire Patton Boggs (US) LLP
275 Battery St
Ste 2600
San Francisco, CA 94111-3356

M. S. : Respondent
Pro Per


Case Summary

Trial Court Case:
DN188889
Court of Appeal Case:
D079984
Division:
Case Caption:
T.W. v. M.S.
Case Type:
CV
Filing Date:
01/31/2022
Completion Date:
Oral Argument Date/Time:


Docket (Register of Actions)

T.W. v. M.S.
Case Number D079984
Date Description Notes
02/07/2022 Notice of appeal lodged/received. Filed 12/17/21 by T.W.
02/07/2022 Notice per rule 8.124 - with reporter's transcript. 12/23/21
02/07/2022 Received default notice 8.121(a) designation not filed. Dated: 12/27/21 re no pos
02/07/2022 Respondent's notice designating record on appeal filed in trial court on: 1/4/22
02/07/2022 Default re: 8.130(b) rptrs fees not deposited rcvd. dtd. 1/10/22 - appellant
02/07/2022 Notice of appeal lodged/received. Filed 1/31/22 by M.S. (cross-appeal 2nd NOA) re 8/11/21 order
02/07/2022 Notice of appeal lodged/received. Filed 1/31/22 by M.S. re 8/5/21 and 8/24/21 orders (3rd NOA)
02/07/2022 Notice of appeal lodged/received. Filed 1/31/22 re 1/24/22 order (4th NOA)
02/07/2022 Appellate package sent.
02/07/2022 Appellant's notice designating record on appeal filed in trial court on: 1/31/22 - all three designations for all NOAs
02/07/2022 Default re: 8.130(b) rptrs fees not deposited rcvd. dtd. respondent-2/1/22
02/10/2022 Order filed. It appears to the Court that Michael Sexton has been declared a vexatious litigant within the meaning of Code of Civil Procedure section 391 and is subject to a prefiling order pursuant to Code of Civil Procedure section 391.7. On the court's own motion, the appeal is ordered stayed.

The enclosed Applications for Permission to Appeal or to File a Writ Petition need to be completed for each notice of appeal, and returned to this court within 10 days of the date of this order. The appeals filed by Michael Sexton shall be dismissed unless he obtains an order from the Presiding Justice of this Court permitting the appeals pursuant to Code of Civil Procedure section 391.7, subdivision (b).
02/14/2022 Civil case information statement filed.
02/22/2022 Application filed. Application for permission to appeal (3)
03/02/2022 Default re: 8.130(b) rptrs fees not deposited rcvd. dtd. Deposit costs for preparing the record on appeal
M.S. - Please submit a check in the amount of 505.50 (paper or pdf) or 782.60 (paper & pdf)
T.S. - you are paid in full.
03/09/2022 Dismissal order filed. M.S.'s Requests for Permission to Appeal, received by this court on February 22, 2022, are GRANTED IN PART and DENIED IN PART. (Code of Civ. Proc. sec. 391.7, subd. (b).) The request is GRANTED as to the appeals filed with the Superior Court on January 31, 2022, from the orders dated August 11, 2021 and January 24, 2022, and the appeals will proceed pursuant to the California Rules of Court.

The request is DENIED as to the appeal filed with the Superior Court on January 31, 2022, from the orders dated August 5, 2021 and August 24, 2021, and that appeal is DISMISSED.
03/15/2022 Default notice sent; no case information statement filed, or statement incomplete.
03/16/2022 Civil case information statement filed. M.S. (3 NOAs)
03/17/2022 Filed document entitled: Request to Separate UnRelated Appeals
03/22/2022 Opposition filed. Objection to Wallace's Counsel Request to Separate Appeals.
03/25/2022 Order filed. The court has reviewed the letter dated March 17, 2022 from counsel for the Family Violence Appellate Project on behalf of appellant T.W., requesting severance of appellant M.S.'s notices of appeal, and M.S.'s opposition thereto.

M.S.'s notices of appeal from the orders dated August 11, 2021 and January 24, 2022 in D079984 are hereby severed from the remainder of the appeal, and assigned Court of Appeal number D080174. The court may consider the cases together and assign them to the same merits panel for decision, along with D079500.
05/12/2022 Remittitur issued.
05/13/2022 REPORTER'S TRANSCRIPT FILED*** **8.124 and Reporter's Transcript-4 (340)
06/27/2022 Appellant notified re failure to timely file opening brief.
07/01/2022 Errata filed to: Notice of Errata to Remove One Reporter's Transcript from the Record on Appeal
07/01/2022 Opposition filed. Objection to Notice of Errata to Remove One(1) Reporter's Transcript and Respondent's Request for Attorney Fees and Costs
07/05/2022 Filed document entitled: Withdrawal of Notice of Errata to Remove One Reporter's Transcript
07/05/2022 Opposition filed.
07/05/2022 Opposition filed. Objection to Notice of Errata(withdrawal)to Remove One(1) Reporter's Transcript from Record on Appeal and Respondent's Request for Attorney's Fee and Costs
07/11/2022 APPELLANT'S APPENDIX AND OPENING BRIEF FILED. Appellant: T. W.
Attorney: Nathaniel Kawika Fisher 1 volume
07/11/2022 Motion filed. Appellant's Motion for Calendar Preference
07/12/2022 Order filed. T.W.'s opposed notice of errata, filed June 1, 2022, is DENIED as moot, as T.W. has withdrawn the notice.

M.S.'s opposed motion for attorney's fees and costs, filed June 1, 2022, is DENIED. This denial is without prejudice to M.S. seeking relief in the superior court, if appropriate.
07/15/2022 Order filed. Appellant's opening brief, filed June 11, 2022, is ordered STRICKEN for not conforming to California Rules of Court. Appellant's corrected opening brief, submitted June 12, 2022, is deemed filed this date.

Respondent's brief is due within 30 days of the date of this order.
08/03/2022 Order filed. Appellant's motion for calendar preference, filed July 11, 2022, is DENIED.


Briefs

T.W. v. M.S.
Case Number D079984
Brief Due Date Date Filed Party and Attorney Notes
APPELLANT'S APPENDIX AND OPENING BRIEF FILED. 07/11/2022 Appellant: T. W.
Attorney: Nathaniel Kawika Fisher
1 volume
RESPONDENT'S BRIEF. 08/15/2022 Respondent: M. S.
Pro Per



Future Scheduled Actions

T.W. v. M.S.
Case Number D079984
Description Due Date Notes
RESPONDENT'S BRIEF. 08/15/2022


Disposition

T.W. v. M.S.
Case Number D079984
Description:
Other involuntary dismissal
Date:
03/09/2022
Disposition Type:
Partial
M.S.'s Requests for Permission to Appeal, received by this court on February 22, 2022, are GRANTED IN PART and DENIED IN PART. (Code of Civ. Proc. sec. 391.7, subd. (b).) The request is GRANTED as to the appeals filed with the Superior Court on January 31, 2022, from the orders dated August 11, 2021 and January 24, 2022, and the appeals will proceed pursuant to the California Rules of Court. The request is DENIED as to the appeal filed with the Superior Court on January 31, 2022, from the orders dated August 5, 2021 and August 24, 2021, and that appeal is DISMISSED.
Publication Status:
Author:
Participants:
Case Citation:
none


Trial Court

T.W. v. M.S.
Case Number D079984
Trial Court Name:
San Diego County Superior Court - Main
County:
San Diego
Trial Court Case Number:
DN188889
Trial Court Judge:
Torres, Victor
Trial Court Judgment Date:
06/30/2021