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United States Court Cases

California First Appellate District Record

Bluford v. Timm Division 2

Parties and Attorneys

Bluford v. Timm
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
Court of Appeal Opinion:
[ PDF ] [ DOCX ]
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
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
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
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
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).)
Publication Status:
Signed Unpublished
Author:
Miller, Marla J.
Participants:
Richman, James A. (Concur)
Mayfield, Cindee F. (Concur)
Case Citation:
none


Trial Court

Bluford v. Timm
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