Parties and Attorneys
SewTech USA, LLC et al. v. Jackson et al.
Case Number D064402
| Party | Attorney |
|---|---|
| SewTech USA, LLC : Plaintiff and Respondent | Philip Heller Fagelbaum & Heller LLP 2029 Century Park East #3550 Los Angeles, CA 90067-3021 |
| Neal Flaster : Plaintiff and Respondent | Philip Heller Fagelbaum & Heller LLP 2029 Century Park East #3550 Los Angeles, CA 90067-3021 |
| Christopher Jackson : Defendant and Appellant 8424-A Santa Monica Blvd., #812 West Hollywood, CA 90069 | Pro Per |
| Latoya Hicks : Defendant and Appellant 8424-A Santa Monica Blvd., #812 West Hollywood, CA 90069 | Pro Per |
Case Summary
Trial Court Case:
37-2012-00076414-CU-BC-SC
Court of Appeal Case:
D064402
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
Case Caption:
SewTech USA, LLC et al. v. Jackson et al.
Case Type:
CV
Filing Date:
06/28/2013
Completion Date:
01/07/2015
Oral Argument Date/Time:
Docket (Register of Actions)
SewTech USA, LLC et al. v. Jackson et al.
Case Number D064402
| Date | Description | Notes |
|---|---|---|
| 08/15/2013 | Notice of appeal lodged/received. | 1st appeal filed June 28, 2013 by CHRISTOPHER JACKSON |
| 08/15/2013 | Notice of appeal lodged/received. | 2nd appeal filed June 28, 2013 by LATOYA HICKS |
| 08/15/2013 | Appellate package sent. | |
| 08/15/2013 | Order waiving filing fee. | granted by lower court for both appellants on July 5, 2013 |
| 08/15/2013 | Appellant's notice designating record on appeal filed in trial court on: | July 15, 2013 as to Chris Jackson |
| 08/15/2013 | Received default notice 8.121(a) designation not filed. Dated: | Aug. 14, 2013 as to Latoya Hicks |
| 08/27/2013 | Default letter sent; no case information statement filed. | as to both appellants |
| 09/16/2013 | Received default notice 8.122(c) clerk's fees not deposited. Dated: | as to Christopher Jackson |
| 09/16/2013 | Received document entitled: | Appellant Hicks' notice designating record clerk's and reporter's |
| 09/16/2013 | Received copy of document filed in trial court. | notice of clearing default |
| 09/16/2013 | Civil case information statement filed. | appeal by Hicks |
| 09/16/2013 | Civil case information statement filed. | appeal by Jackson |
| 09/20/2013 | Letter sent to: | all parties: The notices of appeal and civil case information statements filed by Chris Jackson and LaToya Hicks indicate the appeal is taken from the June 28, 2013 order granting a motion to set aside and vacate a dismissal entered on December 5, 2012 pursuant to a request for dismissal. An appealable order is essential to appellate jurisdiction and an order is not appealable unless expressly made so by statute. (Griset v. Fair Political Practices Commission (2001) 25 Cal.4th 688, 696; Jennings v. Marralle (1994) 8 Cal.4th 121, 126.) Generally, an order vacating a judgment or dismissal is appealable as an order after a judgment pursuant to Code of Civil Procedure section 904.1, subdivision (a)(2). However, a vacating order is not appealable unless it vacates a prior appealable judgment. (9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, ยง 195, p. 272.) Courts have held that a voluntary dismissal by written request to the clerk is not a final judgment because it is a ministerial act, not a judicial act and thus is not appealable. (H.D. Arnaiz, Ltd. v. County of San Joaquin (2002) 96 Cal.App.4th 1357, 1364-1365; but see Basinger v. Rogers & Wells (1990) 220 Cal.App.3d 16, 21.) The parties are instructed to include the issue of appealability in their briefs. |
| 10/15/2013 | Notice to reporter to prepare transcript. | Omrod 9/17/12 |
| 10/15/2013 | Transcript fees paid. | |
| 10/15/2013 | Received copy of document filed in trial court. | notice of clearing default |
| 10/17/2013 | Substitution of attorneys filed for: | Sew Tech Polek out Philip Heller in |
| 10/23/2013 | Motion to dismiss filed (before record). | opo due 11/7 |
| 10/23/2013 | Filing fee. | from resp |
| 11/12/2013 | Order filed. | The respondents have filed a motion to dismiss the appeal challenging the appealability of the order being appealed by the appellants. In accordance with this court's letter dated September 20, 2013, the issue of appealability is to be addressed by the parties in their appellate briefs. The motion to dismiss the appeal is DENIED WITHOUT PREJUDICE to consideration of the matter as part of the appeal. |
| 01/02/2014 | RECORD ON APPEAL FILED.************ | clerk's and reportersCT -2, RT -1 |
| 02/18/2014 | Granted - extension of time. | To 3/13/14 re AOB for Jackson; No further extensions are contemplated |
| 02/18/2014 | Granted - extension of time. | To 3/13/14 re AOB for Hicks; No further extensions are contemplated |
| 03/05/2014 | Granted - extension of time. | To 4/14/14 re: AOB |
| 03/05/2014 | Granted - extension of time. | To 4/14/14 re: AOB |
| 03/17/2014 | Received: | Respondent's letter to appellant |
| 04/22/2014 | Appellant notified re failure to timely file opening brief. | If appellants' opening briefs are not filed within 15 days from the date of this notice, the appeal may be dismissed pursuant to California Rules of Court, rules 8.220(a)(1). |
| 05/14/2014 | Appeal dismissed for failure to file opening brief. | Defendant and Appellant: Christopher Jackson Pro Per Defendant and Appellant: Latoya Hicks Pro Per Appellants' have failed to file their briefs after notice given pursuant to California Rules of Court, rule 8.220(a). The appeals are DISMISSED. |
| 05/19/2014 | Motion filed. | Motion for appellant Jackson to reinstate the appeal and filed the opening brief; oppo due 6/3/2014 |
| 05/19/2014 | Motion filed. | Motion for appellant Hicks to reinstate the appeal and filed the opening brief; oppo due 6/3/2014 |
| 06/04/2014 | Opposition filed. | respondent's opposition to appellants' motion to reinstate the appeal |
| 06/10/2014 | Order of dismissal vacated. | Appellants' opposed motions to vacate dismissal and reinstate their appeal are GRANTED. The May 14, 2014 order of dismissal is VACATED, and the appeal is REINSTATED. Appellants' opening briefs are deemed filed as of the date of this order. The respondent's brief is due 30 days from the date of this order. |
| 06/10/2014 | APPELLANT'S OPENING BRIEF. | Defendant and Appellant: Christopher Jackson Pro Per |
| 06/10/2014 | APPELLANT'S OPENING BRIEF. | Defendant and Appellant: Latoya Hicks Pro Per |
| 07/09/2014 | Granted - extension of time. | RESPONDENT'S BRIEF. Due on 08/08/2014 By 29 Day(s) TO 8/8/14 RB |
| 08/08/2014 | RESPONDENT'S BRIEF. | Plaintiff and Respondent: SewTech USA, LLC Attorney: Philip Heller Plaintiff and Respondent: Neal Flaster Attorney: Philip Heller |
| 08/08/2014 | Oral argument waiver notice sent. | 8/18/14 |
| 08/08/2014 | Request for judicial notice filed. | Respondent's motion for judicial notice; oppo due 8/25/14 |
| 08/15/2014 | Request for oral argument filed by: | R/10 |
| 08/27/2014 | Ruling on request for judicial notice deferred | Respondents' motion for judicial notice will be considered concurrently with the appeal |
| 09/03/2014 | ARB not filed (time elapsed or notice no brief). | Defendant and Appellant: Latoya Hicks Pro Per |
| 09/03/2014 | ARB not filed (time elapsed or notice no brief). | Defendant and Appellant: Christopher Jackson Pro Per |
| 09/03/2014 | CASE FULLY BRIEFED. | |
| 11/03/2014 | **CALENDAR NOTICE SENT** Calendar Date: | Thursday, December 11, 2014 at l:30 p.m. (oral argument date vacated) |
| 11/05/2014 | Cause submitted. | |
| 11/05/2014 | Opinion filed. | (Signed Unpublished) Appeal dismissed; judicial notice request denied. The parties are to bear their own costs on appeal. |
| 11/06/2014 | Order filed. | The order of November 3, 2014, placing the above-entitled matter on calendar, is VACATED. |
| 01/07/2015 | Remittitur issued. | |
| 01/07/2015 | Case complete. | |
| 11/03/2015 | Record sent to storage. |
Briefs
SewTech USA, LLC et al. v. Jackson et al.
Case Number D064402
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Appeal dismissed for failure to file opening brief. | 05/14/2014 | Defendant and Appellant: Christopher Jackson Pro Per Defendant and Appellant: Latoya Hicks Pro Per | Appellants' have failed to file their briefs after notice given pursuant to California Rules of Court, rule 8.220(a). The appeals are DISMISSED. | |
| APPELLANT'S OPENING BRIEF. | 06/10/2014 | Defendant and Appellant: Christopher Jackson Pro Per | | |
| APPELLANT'S OPENING BRIEF. | 06/10/2014 | Defendant and Appellant: Latoya Hicks Pro Per | | |
| RESPONDENT'S BRIEF. | 08/08/2014 | Plaintiff and Respondent: SewTech USA, LLC Attorney: Philip Heller Plaintiff and Respondent: Neal Flaster Attorney: Philip Heller | | |
| ARB not filed (time elapsed or notice no brief). | 09/03/2014 | Defendant and Appellant: Latoya Hicks Pro Per | | |
| ARB not filed (time elapsed or notice no brief). | 09/03/2014 | Defendant and Appellant: Christopher Jackson Pro Per | |
Future Scheduled Actions
SewTech USA, LLC et al. v. Jackson et al.
Case Number D064402
No information found.
Disposition
SewTech USA, LLC et al. v. Jackson et al.
Case Number D064402
Description:
Appeal dismissed for failure to file opening brief.
Date:
05/14/2014
Disposition Type:
Vacated
Appealed reinstated per order filed 6/10/14
Appealed reinstated per order filed 6/10/14
Publication Status:
Author:
Participants:
Case Citation:
none
Description:
Dismissed by opinion
Date:
11/05/2014
Disposition Type:
Final
Appeal dismissed; judicial notice request denied. The parties are to bear their own costs on appeal.
Appeal dismissed; judicial notice request denied. The parties are to bear their own costs on appeal.
Publication Status:
Signed Unpublished
Author:
Huffman, Richard D.
Participants:
Irion, Joan K. (Concur)
Benke, Patricia D. (Concur)
Benke, Patricia D. (Concur)
Case Citation:
none
Trial Court
SewTech USA, LLC et al. v. Jackson et al.
Case Number D064402
Trial Court Name:
San Diego County Superior Court - Main
County:
San Diego
Trial Court Case Number:
37-2012-00076414-CU-BC-SC
Trial Court Judge:
Meyer, John
Trial Court Judgment Date:
06/28/2013