Parties and Attorneys
Mataele v. Mataele
Case Number D055935
| Party | Attorney |
|---|---|
| 'Isileli Tupou Mana'ia Mataele : Appellant 8740 Redwood Drive #121 Santee, CA 92071 | Pro Per |
| Ashley Brittain Mataele : Respondent 17208 Holly Leaf Court San Diego, CA 92127 | Pro Per |
Case Summary
Trial Court Case:
DN140837
Court of Appeal Case:
D055935
Division:
Case Caption:
Mataele v. Mataele
Case Type:
CV
Filing Date:
10/20/2009
Completion Date:
11/20/2012
Oral Argument Date/Time:
02/18/2011 01:30 PM
Docket (Register of Actions)
Mataele v. Mataele
Case Number D055935
| Date | Description | Notes |
|---|---|---|
| 09/23/2009 | Notice of appeal lodged/received. | filed on September 9, 2009, by 'Isileli Mataele |
| 09/23/2009 | Notice of appeal lodged/received. | amended notice of appeal filed on September 15, 2009, by 'Isileli Mataele |
| 09/23/2009 | Appellate package sent. | one package as to notice and amended notices of appeal |
| 09/23/2009 | Order waiving filing fee. | filed on 9/21/09 |
| 09/23/2009 | CALENDAR PRIORITY GRANTED. | |
| 09/28/2009 | Received default notice 8.121(a) designation not filed. Dated: | Sept. 23, 2009 |
| 10/08/2009 | Default letter sent; no case information statement filed. | |
| 10/14/2009 | Default re: 8.130(b) rptrs fees not deposited rcvd. dtd. | Oct. 13th |
| 10/28/2009 | Notice of appeal lodged/received. | 2nd notice of appeal filed on October 20, 2009, by 'Isileli Mataele |
| 10/28/2009 | Appellate package sent. | 2nd notice |
| 10/28/2009 | Order waiving filing fee. | filed on 10/26/09 |
| 11/10/2009 | Received default notice 8.121(a) designation not filed. Dated: | Nov. 9, 2009 as to 2nd appeal |
| 11/13/2009 | Civil case information statement filed. | 'Isileli Mataeleby fax |
| 11/13/2009 | Default letter sent; no case information statement filed. | 2nd appeal |
| 11/16/2009 | Letter sent to counsel re: | The notice of appeal filed by Isileli Topou Mana'ia Mataele challenges a July 2009 order of the superior court denying is request for coram nobis relief. (See People v. Welch (1964) 61 Cal 2nd 786, 790 [explaining that a writ of coram vobis is essentially identical to the writ of coram nobis except that the latter is addressed to the superior court while the former is sought from an appellate court].) An order denying a request for coram nobis relief is immediately appealable only if the petition filed in support thereof states a prima facie case for relief/ (People v. Gallardo (2000) 77 Cal. App. 4th 971, 982.) To meet this burden, the petition must show that: 1. Some fact existed that (a) without the requesting party's fault or negligence, was not represented to the court a t the trial and (b) would have prevented the rendition of judgment; (2) the new evidence does not go the merits of the issues of fact determined at trial; and (3) the requesting party neither knew, nor be exercising due diligence could have discovered, the facts upon which he relies any sooner than the point at which he sought relief. (people v. Ibanez (1999) 76 Cal. App. 4th 537, 544.) It must also seek to correct errors of fact, not errors of law. The court requests that the parties analyze the issue of the appealability of the July 2009 order as part of their appellate briefs. |
| 11/20/2009 | Received copy of document filed in trial court. | Decision on Petitioner's Motion for Settled Statement |
| 12/01/2009 | Civil case information statement filed. | 2nd notice ('Isileli Mataele)by fax |
| 12/21/2009 | Notice to reporter to prepare transcript. | Sue Ann Toney: 6/2/09 & 7/30/09 |
| 01/26/2010 | REPORTER'S TRANSCRIPT FILED*** | Clerk's-1 and Reporter's-2 |
| 03/05/2010 | Granted - extension of time. | APPELLANT'S OPENING BRIEF. Due on 03/29/2010 By 21 Day(s) by fax |
| 04/01/2010 | Application filed. | Appellant's application to separate appeals in the alt. file aob in excess of 14,000 word count limit. |
| 04/02/2010 | Order filed. | Appellant's "Application to Separate Appeals" is DENIED. Appellant's alternative request for leave to file a brief in excess of the 14,000 word limit is DENIED. Appellant's request for an extension of time is GRANTED. The appellant's opening brief is due 15 days from the date of this order. This matter was expedited on September 23, 2009. No further extensions of time are contemplated. |
| 04/05/2010 | Substitution of attorneys filed for: | by fax - Respondent Ashley Brittain now in pro per |
| 04/22/2010 | Appellant notified re failure to timely file opening brief. | |
| 05/12/2010 | Appeal dismissed for failure to file opening brief. | Appellant: 'Isileli Tupou Mana'ia Mataele Pro Per Appellant has failed to file a brief after notice given pursuant to California Rules of Court, rule 8.220(a). The appeal is dismissed.AOB was due May 7, 2010 |
| 05/21/2010 | Request filed | Appellant's motion to reinstate appeal |
| 05/21/2010 | Order on motion filed. | Appellant's motion to reinstate the appeal is GRANTED. The court's dismissal order of May 12, 2010 is VACATED. Appellant's opening brief is due 10 days from the date of this order. Notice has been given under California Rules of Court, rule 8.220(a)(1), no additional time will be given without a showing of good cause. |
| 06/03/2010 | Request filed | Appellant's request to file oversized brief |
| 06/03/2010 | Change of contact information filed for: | appellant |
| 06/03/2010 | Order filed. | Appellant's motion to file oversized aob is GRANTED. |
| 06/03/2010 | APPELLANT'S OPENING BRIEF. | Appellant: 'Isileli Tupou Mana'ia Mataele Pro Per by priority mail |
| 07/06/2010 | Granted - extension of time. | RESPONDENT'S BRIEF. Due on 08/06/2010 By 31 Day(s) by fax |
| 08/04/2010 | Application filed. | Appellant's application to corrected brief |
| 08/05/2010 | Order filed. | Appellant's application to file corrected brief is DENIED. Respondent's brief remains due on or before August 6, 2010. |
| 08/11/2010 | Respondent notified re failure to file respondent's brief. | |
| 08/26/2010 | RESPONDENT'S BRIEF. | Respondent: Ashley Brittain Mataele Pro Per |
| 08/26/2010 | Oral argument waiver notice sent. | 9/7 |
| 09/23/2010 | ARB not filed (time elapsed or notice no brief). | Appellant: 'Isileli Tupou Mana'ia Mataele Pro Per due 9/15 |
| 09/23/2010 | CASE FULLY BRIEFED. | |
| 09/28/2010 | Request for oral argument filed by: | appellant/15 minutesBLC |
| 12/28/2010 | **CALENDAR NOTICE SENT** Calendar Date: | Friday, February 18, 2011 at l:30 p.m. |
| 01/06/2011 | Letter sent to counsel re: | In the above appeal, appellant has filed notices of appeal from two orders: (1) the July 9, 2009 denial of his petition for corum nobis; and (2) the August 10, 2009 order granting respondent's request to move to Texas with the parties' daughter and setting forth a visitation schedule pertaining to the Texas move. In her appellate brief, respondent has stated that the August 10 order is now moot because she "and her family have relocated back to the San Diego area." (Respondent's Brief at page 9.) Appellant elected not to file a reply brief. Based on respondent's factual representation, the court understands appellant's challenge to the August 10 order is now moot. If appellant disagrees with this conclusion, he may file a letter, not to exceed one page, explaining the basis of this position. The letter must be directed solely to this issue and must be filed no later than 5:00 p.m. on January 10, 2011. |
| 01/11/2011 | Filed letter from: | Appellant - in response to court's letter dated Jan. 6, 2011 (by fax) |
| 01/24/2011 | File(s) received from county clerk. | |
| 02/18/2011 | Cause argued and submitted. | |
| 03/15/2011 | Opinion filed. | (Signed Unpublished)Affirmed. Appellant to pay respondent's costs on appeal. |
| 03/15/2011 | File(s) returned to county clerk. | |
| 05/17/2011 | Service copy of petition for review received. | per Supreme Court, no record of this petition having been filed |
| 11/20/2012 | Remittitur issued. | |
| 11/20/2012 | Case complete. | |
| 08/27/2013 | Record sent to storage. |
Briefs
Mataele v. Mataele
Case Number D055935
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Appeal dismissed for failure to file opening brief. | 05/12/2010 | Appellant: 'Isileli Tupou Mana'ia Mataele Pro Per | Appellant has failed to file a brief after notice given pursuant to California Rules of Court, rule 8.220(a). The appeal is dismissed. AOB was due May 7, 2010 | |
| APPELLANT'S OPENING BRIEF. | 06/03/2010 | Appellant: 'Isileli Tupou Mana'ia Mataele Pro Per | by priority mail | |
| RESPONDENT'S BRIEF. | 08/26/2010 | Respondent: Ashley Brittain Mataele Pro Per | | |
| ARB not filed (time elapsed or notice no brief). | 09/23/2010 | Appellant: 'Isileli Tupou Mana'ia Mataele Pro Per | due 9/15 |
Future Scheduled Actions
Mataele v. Mataele
Case Number D055935
No information found.
Disposition
Mataele v. Mataele
Case Number D055935
Description:
Appeal dismissed for failure to file opening brief.
Date:
05/12/2010
Disposition Type:
Vacated
Publication Status:
Author:
Participants:
Case Citation:
none
Description:
Affirmed in full
Date:
03/15/2011
Disposition Type:
Final
Affirmed. Appellant to pay respondent's costs on appeal.
Affirmed. Appellant to pay respondent's costs on appeal.
Publication Status:
Signed Unpublished
Author:
Haller, Judith L.
Participants:
Irion, Joan K. (Concur)
Benke, Patricia D. (Concur)
Benke, Patricia D. (Concur)
Case Citation:
none
Trial Court
Mataele v. Mataele
Case Number D055935
Trial Court Name:
San Diego County Superior Court - Main
County:
San Diego
Trial Court Case Number:
DN140837
Trial Court Judge:
Maas III, Earl
Trial Court Judgment Date:
07/09/2009