Parties and Attorneys
Bluford v. Timm
Division 2
Division 2
Case Number A160614
| Party | Attorney |
|---|---|
| Derek Bluford : Plaintiff and Appellant 102 Mainsail Court Folsom, CA 95630 | Cyrus Zal 102 Mainsail Court Folsom, CA 95630 |
| Aaron Timm : Defendant and Respondent | Joseph Salama Law Offices of Joseph Salama 140 Robinhood Drive San Rafael, CA 94901 Daniel Francis Pyne, III Hopkins & Carley 70 S 1st St San Jose, CA 95113 Allonn E. Levy Hopkins & Carley 70 South First Street San Jose, CA 95113-2406 |
| Joseph Salama : Defendant | Joseph Salama Law Offices of Joseph Salama 140 Robinhood Drive San Rafael, CA 94901 |
Case Summary
Trial Court Case:
CIV1904809
Court of Appeal Case:
A160614
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
2
Case Caption:
Bluford v. Timm
Case Type:
CV
Filing Date:
07/27/2020
Completion Date:
Oral Argument Date/Time:
07/20/2022 09:30 AM
Docket (Register of Actions)
Bluford v. Timm
Division 2
Division 2
Case Number A160614
| Date | Description | Notes |
|---|---|---|
| 08/04/2020 | Notice of appeal lodged/received. | Filed 07/27/2020 by Plaintiff Derek Bluford in propria persona appealing order from 06/22/2020. |
| 08/04/2020 | Notified parties of local rules and procedures. | |
| 08/04/2020 | Note: | Case created electronically. Create label upon record filing. |
| 08/04/2020 | Application for waiver of filing fee filed. | |
| 08/06/2020 | Order waiving filing fee. | |
| 08/19/2020 | Received default notice 8.121(a) designation not filed. Dated: | 08/17/2020 |
| 08/27/2020 | Default notice sent; no case information statement filed, or statement incomplete. | |
| 09/08/2020 | Civil case information statement filed. | Plaintiff and Appellant: Derek Bluford PR review: This is timely and appealable. The matter can proceed. |
| 09/28/2020 | Appellant's notice designating record on appeal filed in trial court on: | 08/28/2020. Designating CT with RT. |
| 10/07/2020 | Received: | Clerk's Declaration re: Clerk's Transcript. Items previously designated were not found in the court's file. - Notice of Demurrer and Request for Leave to File Anti-SLAPP Motion; Demurrer; Memorandum in Support; Declaration of Joseph Salama If parties wish to include the above documents they have 10 days to submit copies with filed or received stamps from Marin Superior Court. |
| 11/13/2020 | Record on appeal filed. | C-1(e-filed), R-1(e-filed) **ENTIRE RECORD ELECTRONIC** |
| 11/13/2020 | electronic reporter's transcript filed | |
| 12/17/2020 | Substitution of attorneys filed for: | Appellant Derek Bluford substitutes Cyrus Zal, Esq. as counsel of record in place of himself. |
| 12/22/2020 | Stipulation of extension of time filed to: | Appellant's opening brief. Due on 02/22/2021 By 61 Day(s) AOB to 2/22/21 |
| 02/17/2021 | Requested - extension of time. | Appellant's opening brief. Requested for 04/09/2021 By 46 Day(s) |
| 02/17/2021 | Granted - extension of time. | Appellant's opening brief. Due on 04/09/2021 By 46 Day(s) ***No further extensions will be granted.*** |
| 04/06/2021 | Requested - extension of time. | Appellant's opening brief. Requested for 05/28/2021 By 49 Day(s) |
| 04/06/2021 | Denied - extension of time. | First District Local Rules, rule 12(c), automatically extends the time for omitted records to 15 days from the filing of the omitted record. |
| 04/13/2021 | Motion/application to augment record filed. | Appellant Derek Bluford's Motion to Augment Record on Appeal and [Proposed] Order Thereon (augmentation attached) |
| 04/29/2021 | To court. | Appellant Derek Bluford's Motion to Augment Record on Appeal and [Proposed] Order Thereon (augmentation attached) |
| 05/10/2021 | Augmentation granted. (See order.) | Appellant D. Bluford's unopposed motion to augment the record filed on April 13, 2021, is granted and the record on appeal is augmented to include those proceedings itemized within the motion, which is attached and incorporated by reference. |
| 05/26/2021 | Appellant notified re failure to timely file opening brief. | Plaintiff and Appellant: Derek Bluford Attorney: Cyrus Zal |
| 06/03/2021 | Requested - extension of time. | Appellant's opening brief. Requested for 06/25/2021 By 15 Day(s) |
| 06/03/2021 | Granted - extension of time. | Appellant's opening brief. Due on 06/25/2021 By 15 Day(s) |
| 06/24/2021 | Motion/application to augment record filed. | Appellant Derek Bluford's Motion to Augment Record on Appeal (augmentation attached) |
| 06/28/2021 | Email sent to: | C. Zal, attorney for appellant, re: Dear Counsel, Appellant's opening brief was due on June 25, 2021. On June 24, 2021, you filed a motion to augment, which does not stay the briefing and the motion must be held 15 days for opposition. This appeal can be dismissed. Please advise if you will be filing an application or stipulation for extension of time. |
| 06/28/2021 | Email received from: | C. Zal, attorney for appellant, re: Thank you for your email. I will be filing an application for an extension of the AOB today. |
| 06/28/2021 | Requested - extension of time. | Appellant's opening brief. Requested for 07/30/2021 By 35 Day(s) |
| 06/28/2021 | Granted - extension of time. | Appellant's opening brief. Due on 07/30/2021 By 35 Day(s) |
| 07/07/2021 | Augmentation granted. (See order.) | Appellant's motion to augment the record with items previously designated is granted and the record on appeal is augmented to include those proceedings itemized within the motion, which is attached and incorporated by reference. |
| 07/29/2021 | Requested - extension of time. | Appellant's opening brief. Requested for 08/06/2021 By 7 Day(s) |
| 07/29/2021 | Granted - extension of time. | Appellant's opening brief. Due on 08/06/2021 By 7 Day(s) *** NO FURTHER EXTENSIONS WILL BE GRANTED *** |
| 08/09/2021 | Requested - extension of time. | Appellant's opening brief. Requested for 08/13/2021 By 7 Day(s) |
| 08/06/2021 | Denied - extension of time. | *** Counsel will have to file an application to late file with the opening brief submitted concurrently with the application. *** |
| 08/09/2021 | Email sent to: | C. Zal, attorney for appellant, w/cc on respondent's counsel, re: The court has denied your extension request to file the opening brief to August 13, 2021. Since the default notice previously issued, you must file an application to late file the opening brief with the opening brief submitted concurrently with the application. You must submit the application and opening brief as soon as possible. Please advise when you intend to submit the application and opening brief. |
| 08/09/2021 | Email received from: | C. Zal, attorney for appellant, re: I intend to submit the Opening Brief, along with the application to late file the Opening Brief, no Later than Wednesday, August 11, 2021. |
| 08/12/2021 | Returned document for non-conformance. | Rejected Appellant's Opening brief submitted w/application to late file, for the following reasons: 1) Descriptive, electronic bookmarks to the headings and subheadings listed in the table of contents are required for all briefs. (Cal. Rules of Court, rule 8.74(a)(3).) And 2) A copy of each brief must be served on the superior court/trial judge pursuant to rule 8.212(c). Currently, the TrueFiling proof of service does not serve the trial courts because we do not yet have permission to do so. The application to late file the brief will be submitted to the court when a new brief is submitted correcting the noncompliance.*** Correction - a proof of service showing service of the opening brief on the trial judge was submitted. Counsel has been notified that the only noncompliance are the missing bookmarks. *** |
| 08/11/2021 | Application filed to: | Appellant Derek Bluford's Application for Leave to Late File His Opening Brief (brief submitted concurrently w/application)(to court) |
| 08/13/2021 | Order filed. | Appellant's application for leave to late file his opening brief is granted. The Clerk of this Court is directed to file said brief submitted concurrently with the application forthwith. Respondent's brief shall be due 30 days from the date of this order. |
| 08/13/2021 | Filed proof of service. | to AOB showing service on the trial judge |
| 08/13/2021 | Appellant's opening brief. | Plaintiff and Appellant: Derek Bluford Attorney: Cyrus Zal ***No further extensions will be granted.***(due 15 days from filing of omitted items) |
| 09/09/2021 | Stipulation of extension of time filed to: | Respondent's brief. Due on 11/12/2021 By 60 Day(s) RB extended by 60 days |
| 11/12/2021 | Requested - extension of time. | Respondent's brief. Requested for 12/13/2021 By 31 Day(s) |
| 11/12/2021 | Filed declaration of: | to EOT for RB |
| 11/12/2021 | Filed proof of service. | to EOT for RB |
| 11/12/2021 | Granted - extension of time. | Respondent's brief. Due on 12/13/2021 By 31 Day(s) |
| 12/14/2021 | Respondent notified re failure to file respondent's brief. | Defendant and Respondent: Aaron Timm Attorney: Daniel Francis Pyne, III Attorney: Joseph Salama |
| 12/17/2021 | Filing fee. | responsive filing fee paid via TrueFiling |
| 12/17/2021 | Respondent's brief. | Defendant and Respondent: Aaron Timm Attorney: Daniel Francis Pyne, III |
| 12/17/2021 | Request for judicial notice filed. | Request for Judicial Notice in Support of Respondent's Brief |
| 01/04/2022 | To court. | Request for Judicial Notice in Support of Respondent's Brief |
| 01/04/2022 | Stipulation of extension of time filed to: | Appellant's reply brief. Due on 03/07/2022 By 60 Day(s) ARB to 3/7/22 |
| 01/05/2022 | Ruling on request for judicial notice deferred. | Respondent's unopposed request for judicial notice filed on December 17, 2021, is taken under submission and will be decided with the merits of the appeal. |
| 03/04/2022 | Requested - extension of time. | Appellant's reply brief. Requested for 03/18/2022 By 11 Day(s) |
| 03/04/2022 | Granted - extension of time. | Appellant's reply brief. Due on 03/18/2022 By 11 Day(s) |
| 03/18/2022 | Requested - extension of time. | Appellant's reply brief. Requested for 03/28/2022 By 10 Day(s) |
| 03/18/2022 | Granted - extension of time. | Appellant's reply brief. Due on 03/28/2022 By 10 Day(s) |
| 03/28/2022 | Requested - extension of time. | Appellant's reply brief. Requested for 03/30/2022 By 2 Day(s) |
| 03/29/2022 | Granted - extension of time. | Appellant's reply brief. Due on 03/30/2022 By 2 Day(s) |
| 03/30/2022 | Request for judicial notice filed. | Appellant's Request for Judicial Notice in Support of Appellant's Reply Brief |
| 03/30/2022 | Filed document entitled: | Appellant's Notice of Non-Objection to Respondent's Request for Judicial Notice |
| 03/30/2022 | Appellant's reply brief. | Plaintiff and Appellant: Derek Bluford Attorney: Cyrus Zal |
| 03/30/2022 | Case fully briefed. | |
| 04/01/2022 | Case on conference list. | 22-4 |
| 04/01/2022 | Oral argument waiver notice sent. | |
| 04/01/2022 | Oral argument waiver notice sent. | |
| 04/05/2022 | Record to court for review. | |
| 04/08/2022 | Request for oral argument filed by: | Cyrus Zal, attorney for Appellant Derek Bluford |
| 04/11/2022 | Request for oral argument filed by: | Allon Levy, attorney for Respondent Aaron Timm |
| 04/13/2022 | Request for oral argument filed by: | Amended; Allonn Levy arguing for respondent Aaron Timm |
| 04/13/2022 | Opposition filed. | Respondent Timm's Opposition to Appellant's Request for Judicial Notice in Support of Reply |
| 04/14/2022 | To court. | Appellant's Request for Judicial Notice in Support of Appellant's Reply Brief |
| 06/29/2022 | Argument order sent. | 7-20-22 @ 9:30 a.m. |
| 07/12/2022 | Note: | No response from parties to waive OA; this case remains on calendar for July 20, 2022 at 9:30 a.m. |
| 07/12/2022 | Email sent to: | Counsels regarding BlueJeans link for OA & Best Practices for Video OA |
| 07/13/2022 | Email sent to: | All counsel regarding Blue Jeans oral argument test run on Monday, July 18, 2022 at 10:00 a.m. |
| 07/20/2022 | Cause argued and submitted. | |
| 07/27/2022 | Opinion filed. | (Signed Unpublished) The judgment is affirmed. Timm is entitled to his costs on appeal. (Cal. Rules of Court, rule 8.278(a)(1), (2).) |
| 07/27/2022 | Opinion filed. | (Signed Unpublished) The judgment is affirmed. Timm is entitled to his costs on appeal. (Cal. Rules of Court, rule 8.278(a)(1), (2).) |
| 07/27/2022 | Note: | Justices' opinion approvals |
Briefs
Bluford v. Timm
Division 2
Division 2
Case Number A160614
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Civil case information statement filed. | 09/08/2020 | Plaintiff and Appellant: Derek Bluford | | |
| Appellant notified re failure to timely file opening brief. | 05/26/2021 | Plaintiff and Appellant: Derek Bluford Attorney: Cyrus Zal | | |
| Appellant's opening brief. | 08/13/2021 | Plaintiff and Appellant: Derek Bluford Attorney: Cyrus Zal | ***No further extensions will be granted.*** (due 15 days from filing of omitted items) | |
| Respondent notified re failure to file respondent's brief. | 12/14/2021 | Defendant and Respondent: Aaron Timm Attorney: Daniel Francis Pyne, III Attorney: Joseph Salama | | |
| Respondent's brief. | 12/17/2021 | Defendant and Respondent: Aaron Timm Attorney: Daniel Francis Pyne, III | | |
| Appellant's reply brief. | 03/30/2022 | Plaintiff and Appellant: Derek Bluford Attorney: Cyrus Zal | |
Future Scheduled Actions
Bluford v. Timm
Division 2
Division 2
Case Number A160614
| Description | Due Date | Notes |
|---|---|---|
| Something is due; see note. | action on opposed Appellant's Request for Judicial Notice in Support of Appellant's Reply Brief? | |
| Remittitur issued. | 09/26/2022 |
Disposition
Bluford v. Timm
Division 2
Division 2
Case Number A160614
Description:
Affirmed in full
Date:
07/27/2022
Disposition Type:
Final
The judgment is affirmed. Timm is entitled to his costs on appeal. (Cal. Rules of Court, rule 8.278(a)(1), (2).)
The judgment is affirmed. Timm is entitled to his costs on appeal. (Cal. Rules of Court, rule 8.278(a)(1), (2).)
Publication Status:
Signed Unpublished
Author:
Miller, Marla J.
Participants:
Richman, James A. (Concur)
Mayfield, Cindee F. (Concur)
Mayfield, Cindee F. (Concur)
Case Citation:
none
Trial Court
Bluford v. Timm
Division 2
Division 2
Case Number A160614
Trial Court Name:
Marin County Superior Court
County:
Marin
Trial Court Case Number:
CIV1904809
Trial Court Judge:
Freccero, Stephen
Trial Court Judgment Date:
06/22/2020