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United States Court Cases

California First Appellate District Record

Lightfoot v. Peninsula Equine Medicine and Surgery Group et al. Division 2

Parties and Attorneys

Lightfoot v. Peninsula Equine Medicine and Surgery Group et al.
Division 2
Case Number A115471
Party Attorney
Harold Lightfoot : Plaintiff and Respondent
Steven M. McCarthy
1265 Highway 51
Independence, OR 97351

Peninsula Equine Medicine and Surgery Group : Defendant and Appellant
George Mills Wallace
Wallace & Schwartz
215 N Marengo Ave 3FL
Pasadena, CA 91101

Russell G Peterson : Defendant and Appellant



Case Summary

Trial Court Case:
445976
Court of Appeal Case:
A115471
Supreme Court Case:
S162225
Division:
2
Case Caption:
Lightfoot v. Peninsula Equine Medicine and Surgery Group et al.
Case Type:
CV
Filing Date:
09/22/2006
Completion Date:
06/04/2008
Oral Argument Date/Time:
01/15/2008 01:30 PM


Docket (Register of Actions)

Lightfoot v. Peninsula Equine Medicine and Surgery Group et al.
Division 2
Case Number A115471
Date Description Notes
10/11/2006 Notice of appeal lodged/received. Peninsula Equine Medicine and Surgery Group, et al.; 09/22/06
10/11/2006 Notified parties of local rules and procedures.
10/16/2006 Mail returned and re-sent. copy of "welcome package" to Steven McCarthy
10/18/2006 Change of address filed for: Steven M. Mccarthy
(Modified Fields: addr1,zext)
10/25/2006 Received: aplnt's designation of record/5.1 election; 10/02/06
10/25/2006 Notice per rule 5.1 - with reporter's transcript.
10/25/2006 70 day letter sent (rule 5.1).
11/03/2006 Civil case information statement filed. by atty George Wallace for aplts (Peninsula Equine Medicine & Surgery et al) w/a copy of the amended jdgmnt attached.
10/11/2006 Filing fee. Wallace & Schwartz; check
01/04/2007 Notice of record completion received.
01/04/2007 Record on appeal filed. r-3 (5.1)
01/12/2007 Change of contact information filed for: Steven M. McCarthy
old address 1: 1946 Embarcadero
new address 1: 1265 Highway 51
old city: Oakland
new city: Independence
old state: CA
new state: OR
old zip: 94606
new zip: 97351
old zip ext: 5213
new zip ext: {blank}(change of address effective 2-1-07)
01/12/2007 Filed document entitled: Notice of Unavailability of Counsel for Respondent between 1-5-07 through 2-9-07 and 5-7-07 through 8-10-07
01/30/2007 Requested - extension of time.
Appellant's appendix and opening brief filed. Requested for 03/07/2007 By 30 Day(s)
01/30/2007 Granted - extension of time.
Appellant's appendix and opening brief filed. Due on 03/07/2007 By 30 Day(s)
03/06/2007 Requested - extension of time.
Appellant's appendix and opening brief filed. Requested for 03/22/2007 By 15 Day(s)
03/06/2007 Granted - extension of time.
Appellant's appendix and opening brief filed. Due on 03/22/2007 By 15 Day(s)
03/20/2007 Requested - extension of time. AOB to 15 days from filing of corrected RT
03/21/2007 Granted - extension of time. AOB to 15 days from filing of corrected RT
03/21/2007 8.340 letter received from: George Wallace
04/10/2007 Change of contact information filed for: Steven M. McCarthy
old phone: (510) 536-6163
new phone: (503) 763-1888
old cell: {blank}
new cell: (510) 541-4801
old fax: {blank}
new fax: (503) 763-2888
04/25/2007 Filed augmented record pursuant to rule 8.340. R-1 (Vol III - TX of 5-26-06 (400-522))(8.340 augmentation complete)
04/25/2007 Letter sent to counsel re: 8.340 augmentation complete; AOB due 15 days
05/07/2007 8.340 letter received from: (2nd Notice) George Wallace
05/07/2007 Requested - extension of time. (AOB to 15 days from filing of 8.340 materials)
05/07/2007 Granted - extension of time. (AOB to 15 days from filing of 8.340 materials)
05/11/2007 8.340 letter received from: George Wallace
06/08/2007 Filed augmented record pursuant to rule 8.340. R-1 (TX of 5-31-06 & 6-1-06)(8.340 augmentation complete)
06/08/2007 Letter sent to counsel re: 8.340 augmentation complete; AOB due 15 days
06/26/2007 Appellant's appendix and opening brief filed. Defendant and Appellant: Peninsula Equine Medicine and Surgery Group
Attorney: George Mills Wallace Appendix - 1 vol. (filed per CRC rule 8.25(b)(3))
07/06/2007 Requested - extension of time.
Respondent's brief. Requested for 09/14/2007 By 50 Day(s)
07/06/2007 Granted - extension of time.
Respondent's brief. Due on 09/14/2007 By 50 Day(s)
09/14/2007 Respondent's brief. Plaintiff and Respondent: Harold Lightfoot
Attorney: Steven M. McCarthy
09/14/2007 Default respondent/RPI; no certificate of interested persons filed. Respondent
09/21/2007 Certificate of interested entities or persons filed by: Respondent
10/05/2007 Appellant's reply brief. Defendant and Appellant: Peninsula Equine Medicine and Surgery Group
Attorney: George Mills Wallace (Filed CRC rule 8.25(b)(3))
10/05/2007 Case fully briefed.
11/01/2007 Oral argument waiver notice sent.
11/01/2007 Case on conference list. 07-11
11/01/2007 Record to court for review.
11/07/2007 Request for oral argument filed by: Appellant
12/21/2007 Argument order sent. 1-15-08 @ 1:30 p.m.
12/31/2007 Request filed to: Respondent's request for telephone appearance of o/a on 1-15-08 @ 1:30 p.m. (503-763-1888)
01/15/2008 Cause argued and submitted.
01/15/2008 Argued using teleconference system. Respondent
02/22/2008 Opinion filed. (Signed Unpublished) The judgment is reversed and the case remanded to the trial court with instructions to vacate the judgment entered against appellants and, instead, to enter judgment in their favor. (See Code Civ. Proc., ' 629.) Costs on appeal are awarded to appellants.
04/04/2008 Service copy of petition for review received. Respondent
04/08/2008 Record transmitted to Supreme Court.
05/14/2008 Petition for review denied in Supreme Court.
05/22/2008 Record returned from Supreme Court.
06/04/2008 Remittitur issued.
06/04/2008 Case complete.
09/26/2008 Shipped to state retention center, box # / list #: L284-110


Briefs

Lightfoot v. Peninsula Equine Medicine and Surgery Group et al.
Division 2
Case Number A115471
Brief Due Date Date Filed Party and Attorney Notes
Appellant's appendix and opening brief filed. 06/26/2007 Defendant and Appellant: Peninsula Equine Medicine and Surgery Group
Attorney: George Mills Wallace
Appendix - 1 vol. (filed per CRC rule 8.25(b)(3))
Respondent's brief. 09/14/2007 Plaintiff and Respondent: Harold Lightfoot
Attorney: Steven M. McCarthy

Appellant's reply brief. 10/05/2007 Defendant and Appellant: Peninsula Equine Medicine and Surgery Group
Attorney: George Mills Wallace
(Filed CRC rule 8.25(b)(3))


Future Scheduled Actions

Lightfoot v. Peninsula Equine Medicine and Surgery Group et al.
Division 2
Case Number A115471

No information found.



Disposition

Lightfoot v. Peninsula Equine Medicine and Surgery Group et al.
Division 2
Case Number A115471
Description:
Reversed & remanded to trial court w/directions
Date:
02/22/2008
Disposition Type:
Final
The judgment is reversed and the case remanded to the trial court with instructions to vacate the judgment entered against appellants and, instead, to enter judgment in their favor. (See Code Civ. Proc., ' 629.) Costs on appeal are awarded to appellants.
Publication Status:
Signed Unpublished
Author:
Haerle, Paul R.
Participants:
Richman, James A. (Concur)
Kline, J. Anthony (Concur)
Case Citation:
none


Trial Court

Lightfoot v. Peninsula Equine Medicine and Surgery Group et al.
Division 2
Case Number A115471
Trial Court Name:
San Mateo County Superior Court - Main (Redwood City)
County:
San Mateo
Trial Court Case Number:
445976
Trial Court Judge:
Trial Court Judgment Date:
06/30/2006