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United States Court Cases

California First Appellate District Record

Ferras v. Morrison Homes, Inc. Division 4

Parties and Attorneys

Ferras v. Morrison Homes, Inc.
Division 4
Case Number A123742
Party Attorney
Anthony M. Ferras : Plaintiff and Appellant
300 Mountain View Drive
Brentwood, CA 94513
Pro Per
Morrison Homes : Defendant and Respondent
Robert Mario Gagliasso
333 W. San Carlos Street 8th Floor
San Jose, CA 95110

Mary Acquesta
333 West San Carlos Street
8th Floor
San Jose, CA 95110



Case Summary

Trial Court Case:
C0701001
Court of Appeal Case:
A123742
Division:
4
Case Caption:
Ferras v. Morrison Homes, Inc.
Case Type:
CV
Filing Date:
01/02/2009
Completion Date:
12/31/2009
Oral Argument Date/Time:
10/27/2009 09:30 AM


Docket (Register of Actions)

Ferras v. Morrison Homes, Inc.
Division 4
Case Number A123742
Date Description Notes
01/13/2009 Notice of appeal lodged/received. Anthony Ferras 01/02/09
01/13/2009 Notified parties of local rules and procedures.
01/14/2009 Application for waiver of filing fee filed.
01/14/2009 Civil case information statement filed. by aplt Anthony Ferras, In Pro Per.
01/14/2009 Letter to counsel - 15 days to file case information statement. A copy of the order or judgment is needed.
01/14/2009 Order filed. Appellant Anthony Ferras' application for waiver of filing fee is denied.

Appellant shall post the $655.00 filing fee with the Clerk of this Court before the close of business at 5:00 p.m. on Monday, January 26, 2009, or this appeal may be dismissed.
01/21/2009 Telephone conversation with: aplt Ferras, he will fax a copy of the order in which he is appealing to be attached to the CCIS filed.
01/22/2009 Certificate of interested entities or persons filed by: rspt Taylor Morrison of CA, LLC.
01/28/2009 Application for waiver of filing fee filed. 2nd one.
01/29/2009 Order filed. Appellant Anthony Ferras' second application for waiver of filing fee is denied.

Appellant shall post the $655.00 filing fee with the Clerk of this Court before the close of business at 5:00 p.m. on Monday, February 9, 2009, or this appeal may be dismissed.
01/29/2009 Filed document entitled: A copy of the order from aplt Ferras to be attached to the CCIS filed 1/14/09.
02/06/2009 Filing fee. Due date per court's order of 1/29/09rec'd check
03/05/2009 Motion to dismiss filed (before record). from respondent;& for sanctions;
03/23/2009 Opposition filed. Appellant Ferras' opposition to respondent Morrison Homes' motion to dismiss
03/25/2009 Order filed. The "Motion to Dismiss Appeal and Impose Sanctions and Request for Hearing, filed on March 5, 2009 by respondent, and Appellants [sic] Response to Motion to Dismiss and Impose Sanctions by Morrison Homes," filed on March 23, 2009 by appellant, will be decided with the merits of this appeal.

Subject to further order of this court, the Superior Court and the parties shall take all necessary steps to timely perfect the record on appeal.
04/24/2009 Notice of record completion received.
04/24/2009 Record on appeal filed. CT-1
05/26/2009 Appellant's opening brief. Plaintiff and Appellant: Anthony M. Ferras
Pro Per
06/25/2009 Respondent's brief. Defendant and Respondent: Morrison Homes
07/16/2009 Appellant's reply brief. Plaintiff and Appellant: Anthony M. Ferras
Pro Per 8.25 filing; via priority mail; mailed 7.15.09;
07/16/2009 Case fully briefed.
07/24/2009 Case on conference list.
07/24/2009 Record to court for review.
07/24/2009 Oral argument waiver notice sent.
07/27/2009 Motion filed. to impose sanctions; from respondent;
07/29/2009 Request for oral argument filed by: ipp aplt Ferras;
07/30/2009 Request for oral argument filed by: Mary Acquesta for rspt;
08/17/2009 Argument order sent. 9/8/09 at 9:30 a.m.
09/03/2009 Request for judicial notice filed. from aplt Ferras;
09/09/2009 Order filed. oa continued to Monday, 10.5.09 at 9:30 am;
09/28/2009 Request for judicial notice filed. from aplt Ferras;
09/29/2009 Order filed. The motions filed on September 3, 2009 and September 28, 2009 by appellant Anthony M. Ferras for this court to take judicial notice will be considered with the merits of this appeal.

The oral argument hearing remains calendared for Monday, October 5, 2009, at 9:30 a.m.
10/05/2009 Order filed. Good cause appearing, oral argument in this matter is continued from Monday, October 5, 2009 to Tuesday, October 27, 2009 at 9:30 AM.
10/27/2009 Cause argued and submitted.
10/29/2009 Opinion filed. (Signed Unpublished)Because appellant accepted the benefit of the settlement, he is precluded from appealing the order preserving the settlement and accordingly we dismiss the appeal. Appellant to pay costs. The motions for sanctions are denied. Appellant's requests for judicial notice are denied.
11/12/2009 Rehearing petition filed. from Ferras;
11/19/2009 Order denying rehearing petition filed.
12/31/2009 Remittitur issued.
12/31/2009 Case complete.
10/01/2010 Shipped to state retention center, box # / list #: L308


Briefs

Ferras v. Morrison Homes, Inc.
Division 4
Case Number A123742
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 05/26/2009 Plaintiff and Appellant: Anthony M. Ferras
Pro Per

Respondent's brief. 06/25/2009 Defendant and Respondent: Morrison Homes
Appellant's reply brief. 07/16/2009 Plaintiff and Appellant: Anthony M. Ferras
Pro Per
8.25 filing; via priority mail; mailed 7.15.09;


Future Scheduled Actions

Ferras v. Morrison Homes, Inc.
Division 4
Case Number A123742

No information found.



Disposition

Ferras v. Morrison Homes, Inc.
Division 4
Case Number A123742
Description:
Dismissed by opinion
Date:
10/29/2009
Disposition Type:
Final
Publication Status:
Signed Unpublished
Author:
Reardon, Timothy A.
Participants:
Sepulveda, Patricia K. (Concur)
Ruvolo, Ignazio J. (Concur)
Case Citation:
none


Trial Court

Ferras v. Morrison Homes, Inc.
Division 4
Case Number A123742
Trial Court Name:
Contra Costa County Superior Court - Main
County:
Contra Costa
Trial Court Case Number:
C0701001
Trial Court Judge:
Trial Court Judgment Date:
11/04/2008