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United States Court Cases

California Second Appellate District Record

Spengler v. Wells Fargo Bank, N.A. Division p

Parties and Attorneys

Spengler v. Wells Fargo Bank, N.A.
Division p
Case Number B306932
Party Attorney
Michael R. Spengler : Plaintiff and Appellant
T.T.C.F.
450 Bauchet St
Los Angeles, CA 90012
Pro Per
Wells Fargo Bank, N.A. : Defendant and Respondent
Kerry W. Franich
Severson & Werson
19100 Von Karman Avenue, Suite 700
Irvine, CA 92612

An Le
Severson & Werson
The Atrium
19100 Von Karman Ave Ste 700
Irvine, CA 92646

Jan T. Chilton
Severson & Werson
One Embarcadero Center
Suite 2600
San Francisco, CA 94111



Case Summary

Trial Court Case:
BC697945
Court of Appeal Case:
B306932
Division:
p
Case Caption:
Spengler v. Wells Fargo Bank, N.A.
Case Type:
CV
Filing Date:
07/30/2020
Completion Date:
01/11/2021
Oral Argument Date/Time:


Docket (Register of Actions)

Spengler v. Wells Fargo Bank, N.A.
Division p
Case Number B306932
Date Description Notes
08/10/2020 Notice of appeal lodged/received. Appeal filed July 30, 2020 by Michael Spengler
08/10/2020 Received copy of document filed in trial court. Superior Court Fee Waiver granted in 2018
08/10/2020 Letter sent to: NOTICE TO PARTIES
Pursuant to section 391.7, subdivision (c) of the Code of Civil Procedure, all proceedings are hereby stayed.
It has come to the attention of the Court that plaintiff has previously been found to be a vexatious litigant within the meaning of Code of Civil Procedure section 391.7, subdivision (a).

Within 10 days of the date of this notice plaintiff shall show in writing "that the litigation has merit and has not been taken for purposes of harassment or delay." (Code Civ. Proc., sec. 391.7, subd. (b)).

If plaintiff fails to respond to this notice in a timely manner, or if the response fails to demonstrate the merit of the action herein, the appeal shall be dismissed. (Andrisani v. Hoodack (1992) 9 Cal.App.4th 279, 281.)
08/24/2020 Appellant's notice designating record on appeal filed in trial court on: 7/30/2020 designating CT without RT
08/27/2020 Service list update received from: Respondent Wells Fargo Bank, N.A.
09/02/2020 Letter sent to: We are in receipt of your request to file new litigation by vexatious litigant form dated August 21, 2020. However, it is missing proof of service.

Appellant shall have 15 days from the date of this notice to provide a proof of service for request to file new litigation by vexatious litigant form dated August 21, 2020.

Appellant is advised that failure to comply with the requirements of this notice or to show good cause for non-compliance may result in the immediate dismissal of this appeal without further notice.
09/10/2020 Filed letter from: Request for case docket; copy mailed to appellant.
09/22/2020 Filed proof of service. Proof of Service for request to file new litigation by vexatious litigant dated August 21, 2020
10/30/2020 Dismissal order filed. Approval to proceed with the appeal filed on July 30, 2020 is denied. The appeal initiated by the notice filed July 30, 2020 is dismissed. (Code Civ. Proc., ยง 391.7, subd. (c).)
12/03/2020 Returned document for non-conformance. Appellant's motion to reconsider the filing of new litigation received 11/30/2020 is returned without filing for lack of proof of service. The appeal was dismissed on Oct. 30, 2020. CRC 8.264
01/11/2021 Remittitur issued.
01/11/2021 Case complete.


Briefs

Spengler v. Wells Fargo Bank, N.A.
Division p
Case Number B306932

No information found.



Future Scheduled Actions

Spengler v. Wells Fargo Bank, N.A.
Division p
Case Number B306932

No information found.



Disposition

Spengler v. Wells Fargo Bank, N.A.
Division p
Case Number B306932
Description:
Other involuntary dismissal
Date:
10/30/2020
Disposition Type:
Final
Publication Status:
Author:
Participants:
Case Citation:
none


Trial Court

Spengler v. Wells Fargo Bank, N.A.
Division p
Case Number B306932
Trial Court Name:
Los Angeles County Superior Court
County:
Los Angeles
Trial Court Case Number:
BC697945
Trial Court Judge:
Trial Court Judgment Date:
07/17/2020