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United States Court Cases

California Fourth Appellate District Division 1 Record

SewTech USA, LLC et al. v. Jackson et al.

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
Court of Appeal Opinion:
[ PDF ] [ DOC ]
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
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.
Publication Status:
Signed Unpublished
Author:
Huffman, Richard D.
Participants:
Irion, Joan K. (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