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United States Court Cases

California First Appellate District Record

City of Santa Rosa v. Patel et al. Division 4

Parties and Attorneys

City of Santa Rosa v. Patel et al.
Division 4
Case Number A122151
Party Attorney
City of Santa Rosa : Plaintiff and Respondent
Michael J. Casey
City of Santa Rosa
100 Santa Rosa Ave.
PO Box 1678
Santa Rosa, CA 95402

Marshall E. Bluestone
Senneff Freeman & Bluestone
P. O. Box 3729
Santa Rosa, CA 95402

Ramen Patel : Defendant and Appellant
Frank Weiser
3460 Wilshire Blvd.
Suite 1212
Los Angeles, CA 90010

Jas 4 Ray Properties : Defendant and Appellant

Rita Patel : Defendant and Appellant

David Stafford : Defendant and Appellant

Prita Patel : Defendant and Appellant



Case Summary

Trial Court Case:
SCV237667
Court of Appeal Case:
A122151
Supreme Court Case:
S184228
Division:
4
Case Caption:
City of Santa Rosa v. Patel et al.
Case Type:
CV
Filing Date:
07/03/2008
Completion Date:
09/08/2010
Oral Argument Date/Time:
03/23/2010 09:30 AM


Docket (Register of Actions)

City of Santa Rosa v. Patel et al.
Division 4
Case Number A122151
Date Description Notes
07/25/2008 Notice of appeal lodged/received. Raman Patel; check
07/25/2008 Notified parties of local rules and procedures.
07/25/2008 Filing fee. Williams Cole; check
08/12/2008 Default letter sent; no case information statement filed.
08/27/2008 Civil case information statement filed. by attorney Frank Weiser for appellants (Raman Patel, et al) w/a copy of the judgment attached.
09/09/2008 Received: rspdnt's designation of record; 06/16/08
(rec'd 06/20/08)
09/09/2008 Received: aplnt's designation of record; 07/28/08
(rec'd 07/30/08)
09/09/2008 Received: rspdnt's designation of record; 08/05/08
(rec'd 8/7/08)
02/27/2009 Record on appeal filed. c-19 r-15 (filed in A121611)
03/20/2009 Received document entitled: Notice of certification of mailing, filed by Santa Rosa City Attorney; with Clerk's Declaration and replacements for CT pages 3980-3984 attached
03/23/2009 Requested - extension of time.
Appellant's opening brief. Requested for 04/29/2009 By 30 Day(s)
03/25/2009 Granted - extension of time.
Appellant's opening brief. Due on 04/29/2009 By 30 Day(s)
03/26/2009 Opposition filed. Opposition to request for extension of time, filed by Santa Rosa City Attorney

Opposition moot; EOT granted 3/25/09
04/29/2009 Requested - extension of time.
Appellant's opening brief. Requested for 05/14/2009 By 15 Day(s)
04/30/2009 Granted - extension of time.
Appellant's opening brief. Due on 05/15/2009 By 16 Day(s)
05/18/2009 Telephone conversation with: Frank Weiser, attorney for appellant; AOB will be sent via overnight delivery on Tuesday 5/19/09
05/21/2009 Appellant notified re failure to timely file opening brief. Defendant and Appellant: Ramen Patel
Attorney: Frank Weiser
06/02/2009 Appellant's opening brief. Defendant and Appellant: Ramen Patel
Attorney: Frank Weiser
06/09/2009 Requested - extension of time.
Respondent's brief. Requested for 08/03/2009 By 32 Day(s)
06/09/2009 Granted - extension of time.
Respondent's brief. Due on 08/03/2009 By 32 Day(s)
07/29/2009 Motion/application to augment record filed. Filed by the City of Santa Rosa; documents to augment attached to motion
07/30/2009 Augmentation granted. (See order.) Respondents' motion to augment the record on appeal is hereby granted. The record is hereby augmented to include the two documents which were filed and served with the motion.
08/05/2009 Respondent notified re failure to file respondent's brief. Plaintiff and Respondent: City of Santa Rosa
Attorney: Marshall E. Bluestone
Attorney: Michael J. Casey
08/18/2009 Respondent's brief. Plaintiff and Respondent: City of Santa Rosa
Attorney: Marshall E. Bluestone
Attorney: Michael J. Casey
09/02/2009 Requested - extension of time.
Appellant's reply brief. Requested for 10/08/2009 By 30 Day(s)
09/03/2009 Granted - extension of time.
Appellant's reply brief. Due on 10/08/2009 By 30 Day(s)
10/07/2009 Requested - extension of time.
Appellant's reply brief. Requested for 10/22/2009 By 14 Day(s)
10/08/2009 Granted - extension of time.
Appellant's reply brief. Due on 10/22/2009 By 14 Day(s)
NO FURTHER EXTENSIONS OF TIME ARE CONTEMPLATED.
10/23/2009 Appellant's reply brief. Defendant and Appellant: Ramen Patel
Attorney: Frank Weiser NO FURTHER EXTENSIONS OF TIME ARE CONTEMPLATED.Filed per CRC Rule 8.25(b)(3)
10/23/2009 Case fully briefed.
10/29/2009 Record to court for review. 10/29/09
10/29/2009 Case on conference list.
10/29/2009 Oral argument waiver notice sent.
11/03/2009 Request for oral argument filed by: Frank Weiser, attorney for appellants (telephone appearance requested)
03/01/2010 Argument order sent. 3/23/2010 at 9:30 a.m.
03/23/2010 Cause argued and submitted.
03/23/2010 Argued using teleconference system. by appellants;
05/25/2010 Opinion filed. (Signed Unpublished) The judgment is modified to reduce the monetary award to $434,500 ($504,500 -$70,000the amount attributable to the disgorgement of profits). In all other respects, the judgment is affirmed. The City to recover its costs on appeal.
06/10/2010 Rehearing petition filed. By Frank Weiser, attorney for appellant Patel

Filed per CRC Rule 8.25(b)(3)
06/24/2010 Petition for rehearing denied.
07/09/2010 Service copy of petition for review received. Filed by Frank Weiser, attorney for appellant Patel
07/14/2010 Record transmitted to Supreme Court.
09/01/2010 Petition for review denied in Supreme Court.
09/08/2010 Remittitur issued.
09/08/2010 Case complete.
09/13/2010 Record returned from Supreme Court.
12/03/2010 Received: Letter from U.S. Supreme Court, dated 12/1/10; petition for writ of certiorari filed 11/29/10
01/21/2011 Received: Letter from U.S. Supreme Court dated 1/18/11; petition for writ of certiorari denied
04/25/2011 Shipped to state retention center, box # / list #: L313


Briefs

City of Santa Rosa v. Patel et al.
Division 4
Case Number A122151
Brief Due Date Date Filed Party and Attorney Notes
Appellant notified re failure to timely file opening brief. 05/21/2009 Defendant and Appellant: Ramen Patel
Attorney: Frank Weiser

Appellant's opening brief. 06/02/2009 Defendant and Appellant: Ramen Patel
Attorney: Frank Weiser

Respondent notified re failure to file respondent's brief. 08/05/2009 Plaintiff and Respondent: City of Santa Rosa
Attorney: Marshall E. Bluestone
Attorney: Michael J. Casey

Respondent's brief. 08/18/2009 Plaintiff and Respondent: City of Santa Rosa
Attorney: Marshall E. Bluestone
Attorney: Michael J. Casey

Appellant's reply brief. 10/23/2009 Defendant and Appellant: Ramen Patel
Attorney: Frank Weiser
NO FURTHER EXTENSIONS OF TIME ARE CONTEMPLATED.
Filed per CRC Rule 8.25(b)(3)


Future Scheduled Actions

City of Santa Rosa v. Patel et al.
Division 4
Case Number A122151

No information found.



Disposition

City of Santa Rosa v. Patel et al.
Division 4
Case Number A122151
Description:
Affirmed with modifications
Date:
05/25/2010
Disposition Type:
Final
The judgment is modified to reduce the monetary award to $434,500 ($504,500 -$70,000 the amount attributable to the disgorgement of profits). In all other respects, the judgment is affirmed. The City to recover its costs on appeal.
Publication Status:
Signed Unpublished
Author:
Rivera, Maria P.
Participants:
Reardon, Timothy A. (Concur)
Ruvolo, Ignazio J. (Concur)
Case Citation:
none


Trial Court

City of Santa Rosa v. Patel et al.
Division 4
Case Number A122151
Trial Court Name:
Sonoma County Superior Court - Main
County:
Sonoma
Trial Court Case Number:
SCV237667
Trial Court Judge:
Trial Court Judgment Date:
06/25/2008