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United States Court Cases

California First Appellate District Record

Fong v. East West Bank Division 2

Parties and Attorneys

Fong v. East West Bank
Division 2
Case Number A146028
Party Attorney
Sheldon Fong : Plaintiff and Appellant
Ruben Patricio Ruiz
Law Offices of Ruben P. Ruiz
1155 N First St. Ste. 210
San Jose, CA 95112-4925

Lesley Elizabeth Williams
The Law Offices of Ruben P. Ruiz
1155 N First St. Ste. 210
San Jose, CA 95112-4925

East West Bank : Defendant and Respondent
Patricia Lyon
French & Lyon
1990 N California Blvd., Suite 300
Walnut Creek, CA 94596

Michael C. Starkey
French Lyon Tang
1990 N. California Blvd., Suite 300
Walnut Creek, CA 94596



Case Summary

Trial Court Case:
CGC13527706
Court of Appeal Case:
A146028
Court of Appeal Opinion:
[ PDF ] [ DOCX ]
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
2
Case Caption:
Fong v. East West Bank
Case Type:
CV
Filing Date:
08/12/2015
Completion Date:
03/12/2018
Oral Argument Date/Time:


Docket (Register of Actions)

Fong v. East West Bank
Division 2
Case Number A146028
Date Description Notes
08/21/2015 Notice of appeal lodged/received. By Sheldon Fong on 8/12/15.
08/21/2015 Notified parties of local rules and procedures.
08/27/2015 Appellant's notice designating record on appeal filed in trial court on: 08/21/15, designating CRC Rule 8.124 with NO RT.
08/27/2015 Proceeding by 8.124 - no reporter's transcript. Per appellant's designation of record filed 08/21/15.
08/27/2015 70 day letter sent (rule 8.124).
08/31/2015 Filing fee.
08/31/2015 Default letter sent; no case information statement filed.
08/31/2015 Telephone conversation with: R. Ruiz, attorney for appellant, re: status of overdue filing fee; will messenger over check
09/01/2015 Civil case information statement filed. Ruben P. Ruiz, attorney for appellant Sheldon Fong, with copy of judgment attached
11/05/2015 Appellant's opening brief. Plaintiff and Appellant: Sheldon Fong
Attorney: Ruben Patricio Ruiz
11/05/2015 Appellant's appendix filed. 1 flash drive (in grey exhibit envelope)
11/05/2015 Email sent to: R. Ruiz, attorney for appellant, re:

Today, appellant's opening brief was filed. Pursuant to California Rules of Court, rule 8.212(c), a copy of each brief must be served on the trial court. The proof of service attached to the brief did not list the superior court. Within 10 days from the date of this email please file a proof of service to said brief showing service on the superior court.
11/10/2015 Stipulation of extension of time filed to:
Respondent's brief. Due on 02/05/2016 By 60 Day(s)
to 2-5-16
01/19/2016 Note: Rejected Respondent's 60-Day Stipulation to File Respondent's Brief for the following reason: The parties have already stipulated to the maximum amount of time provided under California Rules of Court, rule 8.212(b)(1), for this brief. If additional time is need, respondent must file an application for extension of time to file respondent's brief.
01/21/2016 Certificate of interested entities or persons filed by: Respondent East West Bank
01/21/2016 Stipulation filed to: Stipulation for Consolidation of Appeals A146028 and A147048 for purposes of briefing, oral arugment and decision
01/21/2016 Request filed to: Request to Consolidate of Appeals A146028 and A147048 for purposes of briefing, oral arugment and decision and to extend briefing
02/01/2016 Filed proof of service. to AOB showing service on the superior court
02/16/2016 Filed order consolidating with case: The parties' stipulated motion to consolidated case numbers A146028 and A147048, is granted and the appeals are ordered consolidated for purposes of briefing, oral argument (if any), and decision. All future filings shall bear both case numbers.
The current briefing schedules are hereby vacated. Appellant's opening brief in case number A147048 shall be due on March 4, 2015; respondent's consolidated brief shall be due on April 20, 2016, and the word limit for this brief is increased from 14,000 words to 20,000 words; and appellant's consolidated reply brief shall be due 20 days thereafter.
04/19/2016 Stipulation of extension of time filed to:
Respondent's brief. Due on 05/11/2016 By 21 Day(s)
RB to 5-11-16 (no stipulation was filed in consolidated case A147048)
05/10/2016 Requested - extension of time.
Respondent's brief. Requested for 06/10/2016 By 30 Day(s)
05/11/2016 Granted - extension of time.
Respondent's brief. Due on 06/10/2016 By 30 Day(s)
06/15/2016 Respondent notified re failure to file respondent's brief. Defendant and Respondent: East West Bank
Attorney: Michael C. Starkey
Attorney: Patricia Lyon
06/20/2016 Filing fee. responsive filing fee
06/20/2016 Respondent's brief. Defendant and Respondent: East West Bank
Attorney: Patricia Lyon Three extensions granted for a total of 111 days:
11/10/2015 Stipulation of extension of time filed to:. Due on 02/05/2016 By 60 Day(s)
04/19/2016 Stipulation of extension of time filed to:. Due on 05/11/2016 By 21 Day(s)
05/10/2016 Requested - extension of time. Requested for 06/10/2016 By 30 Day(s)
05/11/2016 Granted - extension of time. Due on 06/10/2016 By 30 Day(s)
(consolidated RB - allowed 20,000 words - see 2-16-16 order)
07/11/2016 Appellant's reply brief. Plaintiff and Appellant: Sheldon Fong
Attorney: Ruben Patricio Ruiz Sheldon Fong, Plaintiff and Appellant
Ruben Patricio Ruiz, Retained counsel
07/11/2016 Case fully briefed.
08/10/2016 Case on conference list. 16-8
08/10/2016 Oral argument waiver notice sent.
08/12/2016 Record to court for review.
08/23/2016 Argument waived by: (no response - 10 day notice)
01/09/2018 Opinion filed. (Signed Published) The amended judgment in favor of the Bank granting summary judgment, attorneys' fees, and costs, is reversed and Fong is awarded costs on appeal.
01/24/2018 Change of contact information filed for: Ruben Patricio Ruiz
old address 1: 1754 Technology Dr Ste 132
new address 1: 1155 N First St. Ste. 210
old zip: 95110
new zip: 95112
old zip ext: {blank}
new zip ext: 4925(forwarding address on mail return)
01/24/2018 Mail returned and re-sent. Appellant's counsel Ruben Ruiz's copy of opinion (resent this date to forwarding address on mail-returned envelope)
01/24/2018 Change of contact information filed for: Lesley Elizabeth Williams
old address 1: 1754 Technology Drive, Suite 132
new address 1: 1155 N First St. Ste. 210
old zip: 95110
new zip: 95112
old zip ext: {blank}
new zip ext: 4925(forwarding address given on mail-returned envelope)
01/24/2018 Mail returned and re-sent. Appellant's counsel Lesley Williams's copy of opinion (resent this date to forwarding address on mail-returned envelope)
03/12/2018 Remittitur issued.
03/12/2018 Case complete.


Briefs

Fong v. East West Bank
Division 2
Case Number A146028
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 11/05/2015 Plaintiff and Appellant: Sheldon Fong
Attorney: Ruben Patricio Ruiz

Respondent notified re failure to file respondent's brief. 06/15/2016 Defendant and Respondent: East West Bank
Attorney: Michael C. Starkey
Attorney: Patricia Lyon

Respondent's brief. 06/20/2016 Defendant and Respondent: East West Bank
Attorney: Patricia Lyon
Three extensions granted for a total of 111 days: 11/10/2015 Stipulation of extension of time filed to:. Due on 02/05/2016 By 60 Day(s) 04/19/2016 Stipulation of extension of time filed to:. Due on 05/11/2016 By 21 Day(s) 05/10/2016 Requested - extension of time. Requested for 06/10/2016 By 30 Day(s) 05/11/2016 Granted - extension of time. Due on 06/10/2016 By 30 Day(s) (consolidated RB - allowed 20,000 words - see 2-16-16 order)
Appellant's reply brief. 07/11/2016 Plaintiff and Appellant: Sheldon Fong
Attorney: Ruben Patricio Ruiz
Sheldon Fong, Plaintiff and Appellant Ruben Patricio Ruiz, Retained counsel


Future Scheduled Actions

Fong v. East West Bank
Division 2
Case Number A146028

No information found.



Disposition

Fong v. East West Bank
Division 2
Case Number A146028
Description:
Reversed in full
Date:
01/09/2018
Disposition Type:
Final
The amended judgment in favor of the Bank granting summary judgment, attorneys' fees, and costs, is reversed and Fong is awarded costs on appeal.
Tucher, J. * * Judge of the Alameda County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
See also associate case, A147048.
Publication Status:
Signed Published
Author:
Tucher, Alison M.
Participants:
Miller, Marla J. (Concur)
Stewart, Therese M. (Concur)
Case Citation:
19 Cal.App.5th 224


Trial Court

Fong v. East West Bank
Division 2
Case Number A146028
Trial Court Name:
San Francisco County Superior Court - Main
County:
San Francisco
Trial Court Case Number:
CGC13527706
Trial Court Judge:
Trial Court Judgment Date:
06/12/2015