Parties and Attorneys
Adler v. City of National City
Case Number D067885
| Party | Attorney |
|---|---|
| Benjamin Adler : Plaintiff and Appellant | Donald Beury Law Offices of Donald D. Beury 4585 51st Street, Ste. 5 San Diego, CA 92115 |
| City of National City : Defendant and Respondent | Mitchell D. Dean Daley & Heft 462 Stevens Avenue, Suite 201 Solana Beach, CA 92075 Lee H. Roistacher Daley & Heft 462 Stevens Ave., Suite 201 Solana Beach, CA 92075 Claudia Gacitua Silva Office City Attorney 1243 National City Blvd National City, CA 91950-4301 |
Case Summary
Trial Court Case:
37-2013-00077889-CU-WM-CTL
Court of Appeal Case:
D067885
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
Case Caption:
Adler v. City of National City
Case Type:
CV
Filing Date:
04/08/2015
Completion Date:
06/22/2016
Oral Argument Date/Time:
03/14/2016 09:00 AM
Docket (Register of Actions)
Adler v. City of National City
Case Number D067885
| Date | Description | Notes |
|---|---|---|
| 04/17/2015 | Notice of appeal lodged/received. | Filed on April 8, 2015 by Benjamin Adler |
| 04/17/2015 | Appellate package sent. | |
| 04/21/2015 | Received default notice 8.121(a) designation not filed. Dated: | 4/21/15 |
| 05/05/2015 | Default letter sent; no case information statement filed. | |
| 05/05/2015 | Appellant's notice designating record on appeal filed in trial court on: | May 5, 2015 |
| 05/18/2015 | Civil case information statement filed. | Adler |
| 06/02/2015 | Received default notice 8.121(a) designation not filed. Dated: | 5/6/15 |
| 06/11/2015 | Default notice received-appellant notified per rule 8.140(a)(1). | |
| 06/11/2015 | Motion for relief from default filed. | by appellant |
| 06/11/2015 | Order filed. | Appellant's motion for relief from default for failure to designate the record on appeal is GRANTED. The designation and any associated fees must be submitted to the Clerk of the San Diego County Superior Court within 10 days from the date of this order. |
| 06/26/2015 | Received default notice 8.121(a) designation not filed. Dated: | June 26, 2015 |
| 07/01/2015 | Appellant's notice designating record on appeal filed in trial court on: | June 26, 2015 |
| 07/14/2015 | Transcript fees paid. | |
| 07/14/2015 | 70 day letter sent (rule 8.124). | 70-day date is 9/4/15 |
| 09/21/2015 | Appellant notified re failure to timely file opening brief. | |
| 10/07/2015 | Granted - extension of time. | |
| 10/16/2015 | Certificate of interested entities and parties filed by: | Plaintiff and Appellant: Benjamin Adler Attorney: Donald Beury |
| 10/16/2015 | APPELLANT'S APPENDIX AND OPENING BRIEF FILED. | Plaintiff and Appellant: Benjamin Adler Attorney: Donald Beury 8.124 no rptsappendix = 1 volume |
| 11/18/2015 | Motion filed. | Respondent's motion to strike portions of appellant's appendix - oppo by 12/3 |
| 11/18/2015 | Respondent's appendix filed. | 1 volume |
| 11/18/2015 | RESPONDENT'S BRIEF. | Defendant and Respondent: City of National City Attorney: Claudia Gacitua Silva Attorney: Lee H. Roistacher Attorney: Mitchell D. Dean |
| 11/19/2015 | Oral argument waiver notice sent. | 11/30 |
| 12/02/2015 | Request for oral argument filed by: | R/5 (Conditional) |
| 12/08/2015 | Request for oral argument filed by: | A/15 |
| 12/01/2015 | Opposition filed. | re motion to strike |
| 12/11/2015 | Order filed. | Respondent's opposed motion to strike portions of appellant's appendix will be considered with the appeal. |
| 12/17/2015 | Granted - extension of time. | APPELLANT'S REPLY BRIEF. Due on 12/23/2015 By 15 Day(s) last |
| 12/28/2015 | APPELLANT'S REPLY BRIEF. | Plaintiff and Appellant: Benjamin Adler Attorney: Donald Beury |
| 12/29/2015 | CASE FULLY BRIEFED. | |
| 12/31/2015 | Errata filed to: | ARB - pages 12 & 13 were omitted |
| 01/27/2016 | **CALENDAR NOTICE SENT** Calendar Date: | Monday, March 14, 2016 @ 9 a.m. |
| 03/14/2016 | Cause argued and submitted. | |
| 04/21/2016 | Order filed. | Respondent's motion to strike portions of the appellant's appendix is denied as moot. |
| 04/21/2016 | Opinion filed. | (Signed Unpublished) The judgment is affirmed. The City is awarded its costs on appeal. |
| 06/22/2016 | Remittitur issued. | |
| 06/22/2016 | Case complete. | |
| 04/07/2017 | Record sent to storage. |
Briefs
Adler v. City of National City
Case Number D067885
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Certificate of interested entities and parties filed by: | 10/16/2015 | Plaintiff and Appellant: Benjamin Adler Attorney: Donald Beury | | |
| APPELLANT'S APPENDIX AND OPENING BRIEF FILED. | 10/16/2015 | Plaintiff and Appellant: Benjamin Adler Attorney: Donald Beury | 8.124 no rpts appendix = 1 volume | |
| RESPONDENT'S BRIEF. | 11/18/2015 | Defendant and Respondent: City of National City Attorney: Claudia Gacitua Silva Attorney: Lee H. Roistacher Attorney: Mitchell D. Dean | | |
| APPELLANT'S REPLY BRIEF. | 12/28/2015 | Plaintiff and Appellant: Benjamin Adler Attorney: Donald Beury | |
Future Scheduled Actions
Adler v. City of National City
Case Number D067885
No information found.
Disposition
Adler v. City of National City
Case Number D067885
Description:
Affirmed in full
Date:
04/21/2016
Disposition Type:
Final
The judgment is affirmed. The City is awarded its costs on appeal.
The judgment is affirmed. The City is awarded its costs on appeal.
Publication Status:
Signed Unpublished
Author:
Huffman, Richard D.
Participants:
McDonald, Alex C. (Concur)
McConnell, Judith D. (Concur)
McConnell, Judith D. (Concur)
Case Citation:
none
Trial Court
Adler v. City of National City
Case Number D067885
Trial Court Name:
San Diego County Superior Court - Main
County:
San Diego
Trial Court Case Number:
37-2013-00077889-CU-WM-CTL
Trial Court Judge:
Strauss, Richard
Trial Court Judgment Date:
02/24/2015