Parties and Attorneys
John H. Velyvis v. Adventist Health California Medical Group Inc. et al.
Division 2
Division 2
Case Number A141332
| Party | Attorney |
|---|---|
| John H. Velyvis : Plaintiff and Appellant | Gordon John Fine Law Offices of Kathleen A. Herdell 340 McCormick Street, Suite C St. Helena, CA 94574 |
| Adventist Health California Medical Group Inc. : Defendant and Respondent | Jonathan Robert Rizzardi Long & Levit LLP 465 California Street, 5th Floor San Francisco, CA 94104 |
| Douglas J. Melton : Defendant and Respondent | Douglas James Melton Long & Levit 465 California Street - suite 500 San Francisco, CA 94104 |
| Long & Levi LLP : Defendant and Respondent | |
| John H. MacConaghy : Defendant and Respondent | John Paul Girarde Murphy Pearson Bradley & Feeney 88 Kearny Street - 10th Floor San Francisco, CA 94108 |
| MacConaghy & Barnier PLC : Defendant and Respondent | |
Case Summary
Trial Court Case:
2662045
Court of Appeal Case:
A141332
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
2
Case Caption:
John H. Velyvis v. Adventist Health California Medical Group Inc. et al.
Case Type:
CV
Filing Date:
03/10/2014
Completion Date:
12/31/2014
Oral Argument Date/Time:
Docket (Register of Actions)
John H. Velyvis v. Adventist Health California Medical Group Inc. et al.
Division 2
Division 2
Case Number A141332
| Date | Description | Notes |
|---|---|---|
| 03/21/2014 | Notice of appeal lodged/received. | by attorney Gordon J. Fine for Dr. John H. Velyvis, plaintiff; notice of appeal filed in the superior court on 3/10/2014 |
| 03/21/2014 | Notified parties of local rules and procedures. | |
| 03/21/2014 | Filing fee. | from Kathleen A. Herdell (1030 Main Street, Suite 215, Saint Helena CA 94574-2056); check number 3149 issued 3/7/2014 |
| 03/21/2014 | Appellant's notice designating record on appeal filed in trial court on: | notice designating record filed in the superior court on 3/19/2014; designation of clerk's transcript; proceeding without a reporter's transcript |
| 04/01/2014 | Letter sent to: | Clerk's Office California Court of Appeal 1st Appellate District, Division 4 350 McAllister St. San Francisco, CA 94102 (415) 865-7296 April 1, 2014 Gordon Fine Law Offices of Kathleen A. Herdell 340 McCormick St., Suite C St. Helena, CA 94574 Re: returned check in the amount of $775.00 A141332, Division 2, Velyvis v. Adventist Health California Medical Group et al. Notice of appeal filed on March 10, 2014 Dear Gordon Fine: You are hereby notified per rule 8.100(c)(1)(B) of the California Rules of Court that the $775.00 check, numbered 3149 and dated March 7, 2014, submitted for the filing fee was not honored by the bank due to "INSUFFICIENT FUNDS." You must take action to correct this deficiency. You are further notified per rule 8.100(c)(2), that your "appeal will be dismissed unless, within 15 days after the notice is sent, the appellant [you] either [to-wit: before 5:00 p.m., Wednesday, April 16, 2014]: (A) Pays the fee; or (B) Files an application for waiver under rules 3.50-3.63 if the appellant [is eligible] and has not previously filed such an application." Please note that the remedy procedure requires replacement funds be in cash, certified check, or money order, but not another check from your office. Thank you. Very truly yours, (Mr.) Channing Hoo Deputy Clerk |
| 03/28/2014 | Motion to dismiss filed (before record). | Respondents John MacConaghy and MacConaghy & Barnier PLC |
| 03/28/2014 | Filing fee. | responsive filing fee for Respondents John MacConaghy and MacConaghy & Barnier PLC paid through TrueFiling |
| 04/01/2014 | Civil case information statement filed. | Gordon Fine, attorney for appellant, w/copy of judgment attached |
| 04/14/2014 | Opposition filed. | Appellant's Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss Appeal |
| 04/15/2014 | To court. | Respondents John MacConaghy and MacConaghy & Barnier PLC Motion to Dismiss Appeal |
| 05/05/2014 | Order filed. | The court having reviewed Respondents' "MOTION TO DISMISS APPEAL" and Appellant's opposition, it is hereby ordered that: 1. Respondents have failed to comply with Rule 8.57(a) of the California Rules of Court which provides that "A motion to dismiss an appeal before the record is filed in the reviewing court must be accompanied by a certificate of the superior court clerk, a declaration, or both" which contains specifically required information regarding, inter alia, the nature of the underlying action, the parties, the judgment being appealed, and the status of the preparation of the record on appeal. 2. Respondents expressly concede that the judgment is appealable. Their contention that Appellant is also attempting to appeal from a pre-judgment order granting a special motion to strike is not supported by language in the Notice of Appeal and is expressly denied by Appellant in his opposition to this motion. 3. The motion to dismiss this appeal, filed before the record is filed in the reviewing court, is hereby denied. |
| 06/06/2014 | Record on appeal filed. | CT1 |
| 07/16/2014 | Request for judicial notice filed. | Appellant Dr. John Velyvis' Motion for Judicial Notice |
| 07/16/2014 | Appellant's opening brief. | Plaintiff and Appellant: John H. Velyvis Attorney: Gordon John Fine |
| 08/04/2014 | To court. | Appellant Dr. John Velyvis' Motion for Judicial Notice |
| 08/06/2014 | Request for judicial notice granted. | Appellant's unopposed request for judicial notice is granted. The court will take judicial notice of the pleadings designated in the attached request, which is incorporated by reference. |
| 08/21/2014 | Respondent notified re failure to file respondent's brief. | Defendant and Respondent: Adventist Health California Medical Group Inc. Attorney: Jonathan Robert Rizzardi |
| 08/21/2014 | Respondent notified re failure to file respondent's brief. | Defendant and Respondent: Douglas J. Melton Attorney: Douglas James Melton |
| 08/21/2014 | Respondent notified re failure to file respondent's brief. | Defendant and Respondent: John H. MacConaghy Attorney: John Paul Girarde |
| 08/25/2014 | Respondent's brief. | Defendant and Respondent: John H. MacConaghy Attorney: John Paul Girarde |
| 08/26/2014 | Telephone conversation with: | Alice Kay assistant to J. Girard, attorney for respondent MacConaghy, re: needs to file amended POS showing service of RB on superior court; will file |
| 08/27/2014 | Filed proof of service. | Amended POS to Respondent MacConaghy's brief (showing service on superior court) |
| 09/15/2014 | Case on ready list; no reply by respondent to notice re failure to file brief. | Defendant and Respondent: Adventist Health California Medical Group Inc. Attorney: Jonathan Robert Rizzardi |
| 09/15/2014 | Case on ready list; no reply by respondent to notice re failure to file brief. | Defendant and Respondent: Douglas J. Melton Attorney: Douglas James Melton |
| 09/15/2014 | 8.220(a)(2) follow-up letter sent to counsel. | Defendant and Respondent: Adventist Health California Medical Group Inc. Attorney: Jonathan Robert Rizzardi Defendant and Respondent: Douglas J. Melton Attorney: Douglas James Melton |
| 09/12/2014 | Appellant's reply brief. | Plaintiff and Appellant: John H. Velyvis Attorney: Gordon John Fine |
| 09/15/2014 | Case fully briefed. | |
| 09/15/2014 | Received: | ARB (paper copies) |
| 10/03/2014 | Case on conference list. | 14-10 |
| 10/03/2014 | Oral argument waiver notice sent. | |
| 10/03/2014 | Record to court for review. | |
| 10/15/2014 | Argument waived by: (no response - 10 day notice) | |
| 10/28/2014 | Opinion filed. | (Signed Unpublished) The order is affirmed. |
| 12/31/2014 | Remittitur issued. | |
| 12/31/2014 | Case complete. | |
| 05/08/2015 | Shipped to state retention center, box # / list #: | List 349 |
Briefs
John H. Velyvis v. Adventist Health California Medical Group Inc. et al.
Division 2
Division 2
Case Number A141332
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Appellant's opening brief. | 07/16/2014 | Plaintiff and Appellant: John H. Velyvis Attorney: Gordon John Fine | | |
| Respondent notified re failure to file respondent's brief. | 08/21/2014 | Defendant and Respondent: Adventist Health California Medical Group Inc. Attorney: Jonathan Robert Rizzardi | | |
| Respondent notified re failure to file respondent's brief. | 08/21/2014 | Defendant and Respondent: Douglas J. Melton Attorney: Douglas James Melton | | |
| Respondent notified re failure to file respondent's brief. | 08/21/2014 | Defendant and Respondent: John H. MacConaghy Attorney: John Paul Girarde | | |
| Respondent's brief. | 08/25/2014 | Defendant and Respondent: John H. MacConaghy Attorney: John Paul Girarde | | |
| Case on ready list; no reply by respondent to notice re failure to file brief. | 09/15/2014 | Defendant and Respondent: Adventist Health California Medical Group Inc. Attorney: Jonathan Robert Rizzardi | | |
| Case on ready list; no reply by respondent to notice re failure to file brief. | 09/15/2014 | Defendant and Respondent: Douglas J. Melton Attorney: Douglas James Melton | | |
| 8.220(a)(2) follow-up letter sent to counsel. | 09/15/2014 | Defendant and Respondent: Adventist Health California Medical Group Inc. Attorney: Jonathan Robert Rizzardi Defendant and Respondent: Douglas J. Melton Attorney: Douglas James Melton | | |
| Appellant's reply brief. | 09/12/2014 | Plaintiff and Appellant: John H. Velyvis Attorney: Gordon John Fine | |
Future Scheduled Actions
John H. Velyvis v. Adventist Health California Medical Group Inc. et al.
Division 2
Division 2
Case Number A141332
No information found.
Disposition
John H. Velyvis v. Adventist Health California Medical Group Inc. et al.
Division 2
Division 2
Case Number A141332
Description:
Affirmed in full
Date:
10/28/2014
Disposition Type:
Final
The order is affirmed.
The order is affirmed.
Publication Status:
Signed Unpublished
Author:
Richman, James A.
Participants:
Stewart, Therese M. (Concur)
Kline, J. Anthony (Concur)
Kline, J. Anthony (Concur)
Case Citation:
none
Trial Court
John H. Velyvis v. Adventist Health California Medical Group Inc. et al.
Division 2
Division 2
Case Number A141332
Trial Court Name:
Napa County Superior Court - Main
County:
Napa
Trial Court Case Number:
2662045
Trial Court Judge:
Ortiz de Molina, Elba
Trial Court Judgment Date:
11/02/2013