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United States Court Cases

California Sixth Appellate District Record

Laue v. Ortiz

Parties and Attorneys

Laue v. Ortiz
Case Number H040705
Party Attorney
Dale Laue : Plaintiff and Appellant
1640 Mantelli Dr.
Gilroy, CA 95020
Pro Per
Liliana A. Ortiz : Defendant and Respondent
Alan L. Martini
Sheuerman, Martini & Tabari
1033 Willow Street
San Jose, CA 95125



Case Summary

Trial Court Case:
CV250570
Court of Appeal Case:
H040705
Supreme Court Case:
S225568
Court of Appeal Opinion:
[ PDF ] [ DOC ]
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
Case Caption:
Laue v. Ortiz
Case Type:
CV
Filing Date:
01/13/2014
Completion Date:
05/22/2015
Oral Argument Date/Time:


Docket (Register of Actions)

Laue v. Ortiz
Case Number H040705
Date Description Notes
02/25/2014 Notice of appeal lodged/received. Dale Laue, filed 1/13/14
02/25/2014 Appellant 's notice designating record on appeal filed in trial court on: filed 1/24/14
03/11/2014 Civil case information statement filed.
03/28/2014 Record preparation inquiry sent.
04/01/2014 Rec'd co. notice to appellant re: estimate. filed 4/1/14
04/01/2014 Notice to reporter to prepare transcript. filed 4/1/14
04/10/2014 Substitution of attorneys filed for: appellant subs in pro per for atty Wade
04/14/2014 Motion filed. by appellant to vacate award of costs
04/25/2014 Opposition filed. to motion to strike award of costs
04/25/2014 To court. motion to vacate award of costs & opposition
04/29/2014 Filing fee received from: from respondent
05/21/2014 Order filed. Appellant's motion to vacate order of trial court awarding attorney's fees is denied.
05/21/2014 Record on appeal filed. C-1, R-1
05/22/2014 Appellant's opening brief. Plaintiff and Appellant: Dale Laue
Pro Per
06/24/2014 Respondent notified re failure to file respondent's brief. Defendant and Respondent: Liliana A. Ortiz
Attorney: Alan L. Martini
07/02/2014 Respondent's brief. Defendant and Respondent: Liliana A. Ortiz
Attorney: Alan L. Martini
07/14/2014 Request for judicial notice filed. by appellant
07/18/2014 Opposition filed. Respondent's Opposition to Appellant's Motion to take Judicial Notice
07/18/2014 To court. appellant's request for judicial notice
07/18/2014 Appellant's reply brief. Plaintiff and Appellant: Dale Laue
Pro Per
07/18/2014 Case fully briefed.
09/04/2014 Order filed. Ruling on appellant's request for judicial notice is deferred for consideration with the merits of the appeal.
12/02/2014 Case on conference list. December 2014
12/19/2014 Oral argument waiver notice sent.
12/29/2014 Waiver of oral argument filed by: appellant
01/05/2015 Submission order filed.
01/07/2015 Returned document for non-conformance. respondent's request for oral argument (late, cause already submitted)
03/11/2015 Opinion filed. (Signed Unpublished) The order granting the special motion to strike the first amended complaint is affirmed. Plaintiff Dale Laue shall bear costs on appeal; FDE, CLR, EMP
03/11/2015 Motion determined by opinion. appellant's request for judicial notice is denied. Judicial notice addressed on page 19 footnote 9
03/24/2015 Rehearing petition filed. Plaintiff and Appellant: Dale Laue
Pro Per
03/30/2015 Filed request to publish opinion. by appellant
04/03/2015 Order denying publication filed. The request for publication of the opinion filed in the above entitled action by appellant on March 30, 2015, is denied. The opinion does not establish a new rule of law, nor does it meet any of the other criteria set forth in California Rules of Court, rule 8.1105(c).

In compliance with California Rules of Court, rule 8.1120, the Clerk shall transmit the request for publication and a copy of this order to the Supreme Court.

(Rushing, P.J., Premo, J., and Elia, J. participated in this decision.)
04/03/2015 Mod. of opinion filed (no change in judgment). & denying rehearing; clr, emp, fde
04/03/2015 Petition for rehearing denied. see modification of opinion
04/13/2015 Service copy of petition for review received.
04/14/2015 Petition for review filed in Supreme Court. per Anita
04/14/2015 Record transmitted to Supreme Court.
05/04/2015 Answer to petition for review received
05/11/2015 Received copy of Supreme Court filing. reply to answer
05/20/2015 Petition for review denied in Supreme Court. The request for an order directing publication of the opinion is denied.
05/22/2015 Remittitur issued.
05/22/2015 Case complete.
06/02/2015 Record returned from Supreme Court.
06/02/2015 Record purged - to be shipped to state records center.
10/29/2021 Shipped to state retention center, box # / list #: 47 / 178


Briefs

Laue v. Ortiz
Case Number H040705
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 05/22/2014 Plaintiff and Appellant: Dale Laue
Pro Per

Respondent notified re failure to file respondent's brief. 06/24/2014 Defendant and Respondent: Liliana A. Ortiz
Attorney: Alan L. Martini

Respondent's brief. 07/02/2014 Defendant and Respondent: Liliana A. Ortiz
Attorney: Alan L. Martini

Appellant's reply brief. 07/18/2014 Plaintiff and Appellant: Dale Laue
Pro Per

Rehearing petition filed. 03/24/2015 Plaintiff and Appellant: Dale Laue
Pro Per



Future Scheduled Actions

Laue v. Ortiz
Case Number H040705

No information found.



Disposition

Laue v. Ortiz
Case Number H040705
Description:
Affirmed in full
Date:
03/11/2015
Disposition Type:
Final
The order granting the special motion to strike the first amended complaint is affirmed. Plaintiff Dale Laue shall bear costs on appeal; FDE, CLR, EMP
Publication Status:
Signed Unpublished
Author:
Elia, Franklin D.
Participants:
Premo, Eugene M. (Concur)
Rushing, Conrad Lee (Concur)
Case Citation:
none


Trial Court

Laue v. Ortiz
Case Number H040705
Trial Court Name:
Santa Clara County Superior Court
County:
Santa Clara
Trial Court Case Number:
CV250570
Trial Court Judge:
McKenney, Kevin
Trial Court Judgment Date:
11/18/2013