Parties and Attorneys
Fong v. East West Bank
Division 2
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
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
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
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
Division 2
Case Number A146028
No information found.
Disposition
Fong v. East West Bank
Division 2
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.
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)
Stewart, Therese M. (Concur)
Case Citation:
19 Cal.App.5th 224
Trial Court
Fong v. East West Bank
Division 2
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