Parties and Attorneys
Malasky v. Malasky et al.
Division 3
Division 3
Case Number A143448
| Party | Attorney |
|---|---|
| Hank Malasky : Plaintiff and Appellant 930 Tahoe Blvd., #805-437 Incline Village, NV 89451 | Pro Per |
| Martin Malasky : Defendant and Respondent | Robert Alan Julian Winston & Strawn 101 California Street San Francisco, CA 94111 Dana Lynn Cook-Milligan Winston & Strawn LLP 101 California Street San Francisco, ca 94111 |
| Garrett Malasky : Defendant and Respondent | |
Case Summary
Trial Court Case:
CIV1401290
Court of Appeal Case:
A143448
Supreme Court Case:
S235003
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
3
Case Caption:
Malasky v. Malasky et al.
Case Type:
CV
Filing Date:
10/28/2014
Completion Date:
07/18/2016
Oral Argument Date/Time:
04/13/2016 09:00 AM
Docket (Register of Actions)
Malasky v. Malasky et al.
Division 3
Division 3
Case Number A143448
| Date | Description | Notes |
|---|---|---|
| 11/05/2014 | Notice of appeal lodged/received. | by plaintiff Hank Malasky filed 10/28/14. Appealing the order filed on 09/05/14 and attorney's fees entered on 10/28/14. |
| 11/05/2014 | Notified parties of local rules and procedures. | |
| 11/05/2014 | Filing fee. | check #1224 from Law Office of Charles G. Kinney Trust Fund for appeal filed 10/28/14. |
| 11/05/2014 | Received copy of: | 10/28/14, Order Regarding Defendant's Martin and Garrett Malasky's Demurrer to Plaintiff's Complaint 09/05/14, Order Regarding Defendant's Martin Malasky and Garrett Malasky's Demurrer to Plaintiff's Complaint |
| 11/07/2014 | Received copy of: | amended order granting defendants Martin and Garrett Malasky's motion for attorney fees, filed 10/31/14 and the notice of entry of amended order, filed 11/4/14; amended order is to correct the caption on order filed on 10/28/14 |
| 11/12/2014 | Civil case information statement filed. | Charles Kinney, for appellant Hank Malasky. Copy of order/judgment attached. |
| 11/12/2014 | Certificate of interested entities or persons filed by: | Charles Kinney, for appellant Hank Malasky. POS for CIP is attached to CCIS. |
| 11/12/2014 | Appellant's notice designating record on appeal filed in trial court on: | 11/07/14, Hank Malasky designating CT with RT. |
| 11/12/2014 | Notice to reporter to prepare transcript. | 11/07/14, notice to CSR Deborah Bartunek & Maureen Steger to prepare RT; Due by 12/08/14. |
| 11/24/2014 | Respondent's notice designating record on appeal filed in trial court on: | 11/17/14, Martin & Garrett Malasky designating additional CT. |
| 11/25/2014 | Rec'd co. notice to appellant re: estimate. | 11/24/14, clerk's estimate for preparing CT for appellant is $456.00 and respondent is $278.00. |
| 12/15/2014 | Record on appeal filed. | 2CT and 2RT |
| 01/17/2015 | Substitution of attorneys filed for: | Hank Malasky is self representing. |
| 01/17/2015 | Requested - extension of time. | Appellant's opening brief. Requested for 03/02/2015 By 35 Day(s) 35 days to 3/2 |
| 01/20/2015 | Granted - extension of time. | Appellant's opening brief. Due on 02/25/2015 By 30 Day(s) |
| 01/27/2015 | Change of contact information filed for: | Robert A. Julian new address is 101 California St. SF, Ca 94111 |
| 02/26/2015 | Appellant notified re failure to timely file opening brief. | Plaintiff and Appellant: Hank Malasky Pro Per |
| 03/12/2015 | Appellant's opening brief. | Plaintiff and Appellant: Hank Malasky Pro Per |
| 03/30/2015 | Application filed to: | Application for order to show cause why appellant Hank Malasky and his counsel have not violated or circumvented the state bar court's december 12, 2014 order prohibiting counsel from practicing law and the court of appeal's december 8, 2011 order. |
| 03/30/2015 | Filed declaration of: | Rebecca F. Furman in support of application for order to show cause. |
| 03/30/2015 | Request for judicial notice filed. | In support of application for order to show cause. |
| 03/30/2015 | Certificate of interested entities or persons filed by: | Rebecca F. Furman, for respondents Martin Malasky and Garrett Malasky. |
| 03/30/2015 | Requested - extension of time. | Respondent's brief. Requested for 05/13/2015 By 30 Day(s) to 5/13 |
| 03/30/2015 | Filed proof of service. | service of application to show cause, declaration of Rebecca F. Furman, rjn, and cip. |
| 03/30/2015 | Filed proof of service. | amended pos of eot to parties. |
| 03/30/2015 | Filed proof of service. | service of eot to parties. |
| 04/01/2015 | Granted - extension of time. | Respondent's brief. Due on 05/13/2015 By 30 Day(s) |
| 04/13/2015 | Opposition filed. | opposition by Kinney to application for OSC |
| 04/14/2015 | To court. | application to show cause, declaration, and rjn, w/oppo |
| 04/24/2015 | Order filed. | BY THE COURT: Respondents' "request for judicial notice . . ." filed on March 30, 2015 is granted. Respondents' "application for order to show cause . . ." also filed on March 30, 2015, is denied without prejudice to the court's right to take whatever corrective action it should deem necessary when considering the merits of the appeal. |
| 04/28/2015 | Substitution of attorneys filed for: | Respondent substitute in Robert A. Julian/Dana Cook-Milligan. |
| 05/13/2015 | Filed proof of service. | for respondent's brief |
| 05/14/2015 | Respondent's brief. | Defendant and Respondent: Martin Malasky Attorney: Dana Lynn Cook-Milligan |
| 05/21/2015 | Requested - extension of time. | Appellant's reply brief. Requested for 06/30/2015 By 27 Day(s) to 6/30 |
| 05/21/2015 | Granted - extension of time. | Appellant's reply brief. Due on 06/30/2015 By 27 Day(s) |
| 06/27/2015 | Requested - extension of time. | Appellant's reply brief. Requested for 07/31/2015 By 31 Day(s) to 7/31 |
| 07/07/2015 | Granted - extension of time. | Appellant's reply brief. Due on 07/31/2015 By 31 Day(s) |
| 07/31/2015 | Appellant's reply brief. | Plaintiff and Appellant: Hank Malasky Pro Per |
| 07/31/2015 | Case fully briefed. | |
| 09/02/2015 | Case on conference list. | 15-9 |
| 09/02/2015 | Oral argument waiver notice sent. | |
| 09/04/2015 | Request for oral argument filed by: | Hank Malasky, appellant in pro per |
| 09/04/2015 | Record to court for review. | |
| 03/24/2016 | Calendar notice sent. Calendar date: | 4/13/16 at 9:00 a.m. |
| 04/13/2016 | Filed document entitled: | application to expeidte decision after oral argument and to augment record on application for an order to show cause |
| 04/13/2016 | Filed proof of service. | POS application to expedite decision after oral argument and to augmemt record on applciation for an order to show cause |
| 04/13/2016 | Cause argued and submitted. | Hank Malasky appellant in pro per; Robert A. Julian for respondent |
| 04/18/2016 | Order filed. | Respondents' "Application to Expedite Decision After Oral Argument and to Augment Record on Application for an Order to Show Cause" is denied. |
| 04/28/2016 | Opinion filed. | (Signed Unpublished) The judgment of dismissal and the attorney fee award are affirmed. |
| 05/13/2016 | Rehearing petition filed. | appellant Henry Malasky |
| 05/24/2016 | Order denying rehearing petition filed. | |
| 06/06/2016 | Service copy of petition for review received. | |
| 06/10/2016 | Record transmitted to Supreme Court. | |
| 06/29/2016 | Received copy of: | Answer to petition for review. |
| 07/08/2016 | Received copy of: | Reply to petition for review. |
| 07/13/2016 | Petition for review denied in Supreme Court. | |
| 07/18/2016 | Remittitur issued. | |
| 07/18/2016 | Case complete. | |
| 10/20/2016 | Received: | Supreme Court of the United State, order re: "The petition for a writ of certiorari in the above entitled case was filed on October 10, 2016 and placed on the docket October 7, 2016 as No. 16-517". |
| 11/04/2016 | Received copy of: | certificate of service of waiver and notice for a petition for writ of certiorari. Hank Malasky. |
| 01/17/2017 | Received: | Scott S. Harris, Clerk, SCOTUS, dated 1/9/17, re: "The court today entered the following order in the above-entitled case: The petition for writ of certiorari is denied." |
| 08/09/2018 | Shipped to state retention center, box # / list #: | L373 |
Briefs
Malasky v. Malasky et al.
Division 3
Division 3
Case Number A143448
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Appellant notified re failure to timely file opening brief. | 02/26/2015 | Plaintiff and Appellant: Hank Malasky Pro Per | | |
| Appellant's opening brief. | 03/12/2015 | Plaintiff and Appellant: Hank Malasky Pro Per | | |
| Respondent's brief. | 05/14/2015 | Defendant and Respondent: Martin Malasky Attorney: Dana Lynn Cook-Milligan | | |
| Appellant's reply brief. | 07/31/2015 | Plaintiff and Appellant: Hank Malasky Pro Per | |
Future Scheduled Actions
Malasky v. Malasky et al.
Division 3
Division 3
Case Number A143448
| Description | Due Date | Notes |
|---|---|---|
| Record returned from Supreme Court. | 08/09/2016 |
Disposition
Malasky v. Malasky et al.
Division 3
Division 3
Case Number A143448
Description:
Affirmed in full
Date:
04/28/2016
Disposition Type:
Final
The judgment of dismissal and the attorney fee award are affirmed.
The judgment of dismissal and the attorney fee award are affirmed.
Publication Status:
Signed Unpublished
Author:
Siggins, Peter J.
Participants:
Pollak, Stuart R. (Concur)
McGuiness, William R. (Concur)
McGuiness, William R. (Concur)
Case Citation:
none
Trial Court
Malasky v. Malasky et al.
Division 3
Division 3
Case Number A143448
Trial Court Name:
Marin County Superior Court
County:
Marin
Trial Court Case Number:
CIV1401290
Trial Court Judge:
Talamantes, Mark
Trial Court Judgment Date:
09/05/2014