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United States Court Cases

California Fourth Appellate District Division 2 Record

William Austin Co. v Ellenberger

Parties and Attorneys

William Austin Co. v Ellenberger
Case Number E008067
Party Attorney
John R. Ellenberger : Defendant and Appellant
Timothy L. Taggart
11750 Cedar Avenue
Bloomington, CA 92316

William Austin Co. : Plaintiff and Respondent
Donald F. Zimmer
4298 Orange Street
P. O. Box 788
Riverside, CA 92502



Case Summary

Trial Court Case:
164698
Court of Appeal Case:
E008067
Division:
Case Caption:
William Austin Co. v Ellenberger
Case Type:
CV
Filing Date:
05/16/1990
Completion Date:
07/04/1998


Docket (Register of Actions)

William Austin Co. v Ellenberger
Case Number E008067
Date Description Notes
05/18/1990 Notice of appeal lodged/received. May 16, 1990; Ellenberger
07/23/1990 Notice to reporter to prepare transcript. Dated July 20, 1990 C S R Fitchlee, Hinds, Casal &Lane
08/02/1990 Notice of record completion received. Clerk'S, Dtd Aug 1, 1990
11/01/1990 Record on appeal filed. C-1, R-5
12/11/1990 Appellant notified pursuant to rule 17(a).
01/02/1991 Application for extension of time received. To Mar 15, 1991 To File A O B
01/07/1991 Opposition filed. To Appellant'S Req For Ext To File A O B
01/08/1991 To court. Extension Of Time To File A O B & Opposition
01/11/1991 Order filed. Further Extension Granted To 30 Days From Date OfThis Order; Court Disinclined To Grnt Further Ext
02/13/1991 Appeal dismissed pursuant to rule 17(a).
02/19/1991 Motion filed. To Vacate & Set Aside Dismissal & Recd A O B
03/05/1991 Opposition filed. To Motion To Set Aside Dismissal
03/05/1991 To court. Mo To Vacate & Set Aside Dismissal, A O B, AndOpposition
03/12/1991 Filed document entitled: Declaration & Argument In Support Of Motion ToVacate & Set Aside Dismissal Of Appeal
03/12/1991 To court. Declaration & Argument In Support Of Motion ToVacate & Set Aside Dismissal Of Appeal
03/15/1991 Order on motion filed. To Vacate Dismissal Granted. Appeal Is Reinstated.Court On Own Mo Grants Relief From Default For
03/15/1991 Previous entry continued. Failure To Timely File Appellant'S Opening Brief.Clerk Directed To File A O B.
03/15/1991 Appellant's opening brief.
04/17/1991 Application for extension of time received. Jun 19, 1991 R B
04/23/1991 Stipulation of extension of time filed to: Jun 19, 1991 R B
06/14/1991 Application for extension of time received. Jul 19, 1991 R B
06/17/1991 Motion/application to augment record filed. Appellant
06/20/1991 Stipulation of extension of time filed to: Jul 19, 1991 R B
07/03/1991 To court. Mtn To Augment By Appellant
07/11/1991 Order on motion filed. To Augm Record Denied. Crt'S Own Mo Ruling ReservdTo Be Decided W/Appeal On If Judicial Notice To Be
07/11/1991 Previous entry continued. Taken Of Doc Attached To 6/17/91 Mo. RespondentMay Addr Matter In R B To Be Filed By Jul 19, 1991
07/19/1991 Respondent's brief.
08/15/1991 ARB not filed (time elapsed or notice no brief).
08/15/1991 Case fully briefed.
08/15/1991 Oral argument waiver notice sent.
08/23/1991 Request for oral argument filed by: Respondent
08/26/1991 Received document entitled: Req For Early Transmission Of Exhibits
08/26/1991 To court. Req For Early Transmission Of Exhibits
08/27/1991 Request for oral argument filed by: Appellant
08/27/1991 Note: Ordered Exhs Fr Riv Co
08/28/1991 Exhibits received from county clerk. Exhs # 1-24,A,B,D,E
09/03/1991 Settlement notice sent.
09/17/1991 Settlement conference requested by: Respondent - Rec'D Confidential S/C Info Form
09/19/1991 Settlement conference requested by: Appellant - Rec'D Confidential S/C Info Form
10/24/1991 Settlement conference accepted. Calendar notice sent. Conference To Be Held 1:30 Pm Nov 19, 1991With Mediator Atty John Boyd
11/19/1991 Settlement conference held. Settlement Not Possible
01/31/1992 Calendar notice sent. Calendar date: Mar 4, 1992 At 9:30 A.M,
02/24/1992 Issued tentative opinion or disputed issued memo
02/24/1992 Order filed. Atty Taggert & Defendant Ordered To Appeal OnO S C Mar 4, 1992 At 1:45 P.M., Why Sanctions
02/24/1992 Previous entry continued. Should Not Be Imposed For Taking & MaintainingA Frivolous Appeal
03/04/1992 Cause argued and submitted. Court Orders O. S. C. Dismissed.
03/19/1992 Opinion filed. Judgment Affirmed (Non-Pub) Mcdaniel On AssignmentDabney Timlin
03/19/1992 Order filed. & Decision On Order To Show Cause Re FrivolousAppeal; Appeal Herein Was Not & Is Not Frivolous
05/19/1992 Remittitur issued.
06/01/1992 Exhibits returned to county clerk. Exhs # 1-24,A,B,D,E.
11/16/1994 Case in basement storage. Box # U9Ams # 058770
07/04/1998 Case complete.


Briefs

William Austin Co. v Ellenberger
Case Number E008067
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 03/15/1991
Respondent's brief. 07/19/1991
ARB not filed (time elapsed or notice no brief). 08/15/1991


Future Scheduled Actions

William Austin Co. v Ellenberger
Case Number E008067

No information found.



Disposition

William Austin Co. v Ellenberger
Case Number E008067
Description:
Dismissed per rule 17(a)
Date:
02/13/1991
Disposition Type:

Publication Status:
Author:
Justice, Assigned
Participants:
Dabney, Howard M. (Concur)
Timlin, Robert J. (Concur)
Case Citation:
none
Description:
Affirmed in full
Date:
03/19/1992
Disposition Type:
Final
Publication Status:
Signed Unpublished
Author:
Participants:
Case Citation:
none


Trial Court

William Austin Co. v Ellenberger
Case Number E008067
Trial Court Name:
Riverside County Superior Court
County:
Riverside
Trial Court Case Number:
164698
Trial Court Judge:
Trial Court Judgment Date:
03/26/1990