Parties and Attorneys
Darrin v. Miller
Division 2
Division 2
Case Number A155089
| Party | Attorney |
|---|---|
| Jude Darrin : Plaintiff and Appellant | Anna Gregorian Law Office of Anna Gregorian 200 N. Main Street, suite B Lakeport, CA 95453 Reed E. Harvey Schinner & Shain, LLP 96 Jessie Street San Francisco, CA 94105 Agustin Rosendo Pina Schinner & Shain, LLP 96 Jessie St San Francisco, CA 94105 |
| Sandra J. Miller : Defendant and Respondent | Andre Michael Ross Ewing & Associates 995 S Main St Lakeport, CA 95453 |
Case Summary
Trial Court Case:
CV418475
Court of Appeal Case:
A155089
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
2
Case Caption:
Darrin v. Miller
Case Type:
CV
Filing Date:
08/13/2018
Completion Date:
04/23/2019
Oral Argument Date/Time:
Docket (Register of Actions)
Darrin v. Miller
Division 2
Division 2
Case Number A155089
| Date | Description | Notes |
|---|---|---|
| 08/21/2018 | Notice of appeal lodged/received. | filed 08/13/18 by Anna Gregorian as counsel for Plaintiff Jude Darrin |
| 08/21/2018 | Notified parties of local rules and procedures. | |
| 08/21/2018 | Default notice sent-appellant notified per rule 8.100(c). | |
| 08/21/2018 | Default notice received-appellant notified per rule 8.140(a)(1). | 08/14/18; appellant has failed to pay $100 deposit to Lake County Superior Court |
| 08/21/2018 | Filing fee. | |
| 08/23/2018 | Association of attorneys filed for: | Schinner & Shain LLP is associating in as appelllant's counsel for purposes of the appeal. Ms. Gregorian will remian as counsel of record. |
| 08/27/2018 | Civil case information statement filed. | Plaintiff and Appellant: Jude Darrin Attorney: Reed E. Harvey Reed Harvey, attorney for appellant, w/copy of order attached |
| 08/27/2018 | Motion filed. | Appellant's Motion for Calendar Preference and Expedited Appeal (CIP attached)(to court) |
| 08/27/2018 | Certificate of interested entities or persons filed by: | Appellant (attached to Appellant's Motion for Calendar Preference and Expedited Appeal) |
| 09/10/2018 | Appellant's notice designating record on appeal filed in trial court on: | 09/04/18 *Amended* designating CT & RT |
| 10/02/2018 | Record on appeal filed. | C-1, R-1 |
| 11/02/2018 | Appellant's opening brief. | Plaintiff and Appellant: Jude Darrin Attorney: Agustin Rosendo Pina |
| 11/07/2018 | Calendar priority granted. | Appellant's unopposed motion for calendar preference and expedited appeal is granted. The parties will not be granted any extensions of time to file their brief. |
| 12/03/2018 | Filing fee. | responsive filing fee |
| 12/03/2018 | Respondent's brief. | Defendant and Respondent: Sandra J. Miller Attorney: Andre Michael Ross (on pleading paper) |
| 12/10/2018 | Email sent to: | A. Ross, counsel for respondent, re On December 3rd this court filed a respondent's brief. Pursuant to California Rules of Court, rule 8.212(c), a copy of each brief must be served on the trial judge. Within ten days from the date of this email please filed a proof of service to said brief showing service on the trial judge/Superior Court. |
| 12/04/2018 | Request for judicial notice filed. | respondent |
| 12/11/2018 | Filed proof of service. | to rb showing service on trial court |
| 12/21/2018 | To court. | respondents request for judicial notice |
| 12/21/2018 | Appellant's reply brief. | Plaintiff and Appellant: Jude Darrin Attorney: Agustin Rosendo Pina |
| 12/21/2018 | Case fully briefed. | |
| 12/28/2018 | Ruling on request for judicial notice deferred. | The request for judicial notice is taken under submission and will be decided with the merits of the appeal. |
| 01/02/2019 | Case on conference list. | 19-1 |
| 01/02/2019 | Oral argument waiver notice sent. | |
| 01/03/2019 | Record to court for review. | |
| 01/15/2019 | Argument waived by: (no response - 10 day notice) | |
| 01/28/2019 | Opinion filed. | (Signed Unpublished) The judgment of the trial court is vacated. The matter is remanded to the trial court for further proceedings consistent with this opinion. Appellant shall recover her costs on appeal. |
| 02/11/2019 | Filed request to publish opinion. | Reed Harvey, attorney for appellant |
| 02/21/2019 | Order granting publication filed. | It is ordered that the opinion filed herein on January 28, 2019, be modified as follows: On page 6, the text of Footnote 5 is replaced with, "Because we do not address Miller's new claim, we need not reach Darrin's reply argument that Code of Civil Procedure section 581c does not authorize the trial court to grant a motion for nonsuit in a hearing on an Elder Abuse Act protective order. Regardless of how Miller styled her motion and the trial court styled its order, we have before us a judgment that dismissed an action as a matter of law for lack of standing, and we review it as such." The modification does not change the judgment. The opinion filed herein on January 28, 2019, was not certified for publication in the Official Reports. For good cause and pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, it now appears that the opinion, as modified, should be published in the Official Reports, with the exception of section A.2 of the "Discussion," and it is so ordered. |
| 04/23/2019 | Remittitur issued. | |
| 04/23/2019 | Case complete. | |
| 05/18/2021 | Shipped to state retention center, box # / list #: | L388 |
Briefs
Darrin v. Miller
Division 2
Division 2
Case Number A155089
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Civil case information statement filed. | 08/27/2018 | Plaintiff and Appellant: Jude Darrin Attorney: Reed E. Harvey | Reed Harvey, attorney for appellant, w/copy of order attached | |
| Appellant's opening brief. | 11/02/2018 | Plaintiff and Appellant: Jude Darrin Attorney: Agustin Rosendo Pina | | |
| Respondent's brief. | 12/03/2018 | Defendant and Respondent: Sandra J. Miller Attorney: Andre Michael Ross | (on pleading paper) | |
| Appellant's reply brief. | 12/21/2018 | Plaintiff and Appellant: Jude Darrin Attorney: Agustin Rosendo Pina | |
Future Scheduled Actions
Darrin v. Miller
Division 2
Division 2
Case Number A155089
No information found.
Disposition
Darrin v. Miller
Division 2
Division 2
Case Number A155089
Description:
Reversed & remanded to trial court w/directions
Date:
01/28/2019
Disposition Type:
Final
The judgment of the trial court is vacated. The matter is remanded to the trial court for further proceedings consistent with this opinion. Appellant shall recover her costs on appeal.
The judgment of the trial court is vacated. The matter is remanded to the trial court for further proceedings consistent with this opinion. Appellant shall recover her costs on appeal.
Publication Status:
Signed Unpublished
Author:
Miller, Marla J. Miller, Marla J.
Participants:
Kline, J. Anthony (Concur)
Stewart, Therese M. (Concur)
Stewart, Therese M. (Concur)
Kline, J. Anthony (Concur)
Stewart, Therese M. (Concur)
Stewart, Therese M. (Concur)
Kline, J. Anthony (Concur)
Case Citation:
32 Cal.App.5th 450
Trial Court
Darrin v. Miller
Division 2
Division 2
Case Number A155089
Trial Court Name:
Lake County Superior Court - Main
County:
Lake
Trial Court Case Number:
CV418475
Trial Court Judge:
Trial Court Judgment Date:
07/24/2018