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United States Court Cases

California First Appellate District Record

Darrin v. Miller Division 2

Parties and Attorneys

Darrin v. Miller
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
Court of Appeal Opinion:
[ PDF ] [ DOC ]
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
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
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
Case Number A155089

No information found.



Disposition

Darrin v. Miller
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.
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)
Case Citation:
32 Cal.App.5th 450


Trial Court

Darrin v. Miller
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