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Court Case Record Alers, Sr. v. Bank of America, N.A. B266958 UID(be0e)


Alers, Sr. v. Bank of America, N.A. Court Case Record

Court Case Number: B266958


 
Case NumberB266958
Case TitleAlers, Sr. v. Bank of America, N.A.
Case TypeCV
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address2nd Appellate District
Phone
Field Date
Close Date12/13/2016

Parties

CounselNameType
Alejandro Alers, Jr.
611 N Park Ave
Inglewood, CA 90302

Alejandro Alers, Sr.Plaintiff and Appellant
Marquis Ian Wraight
Severson & Werson
1 Embarcadero Ctr 26FL
San Francisco, CA 94111

Jan T. Chilton
Severson & Werson
One Embarcadero Center
Suite 2600
San Francisco, CA 94111

Erik Kemp
Severson & Werson
One Embarcadero Center
26th F

Bank of America, N.A.Defendant and Respondent
Docket (Register of Actions)
Date Description Notes
09/21/2015 Notice of appeal lodged/received. Alejandro Alers, Sr. noa 9/17/15 8.122 clerks w. rt
09/22/2015 Filing fee. check # 1585
10/08/2015 Default letter sent; no case information statement filed.
10/05/2015 Civil case information statement filed.
10/19/2015 Letter sent to: The Civil Case Information Statement for the above-entitled appeal was filed on October 5, 2015. However, it is insufficient, as you did not attach the order of dismissal. Ordinarily no appeal lies from an order sustaining a demurrer without leave to amend; it instead lies in the judgment of dismissal entered after the order. (Code of Civil Procedure ยง904.1, Hill v. City of Long Beach (1995) 33 CA4th 1684, 1695, Mounger v. Gates (1987) 193 CA3d 1248, 1254) Please provide the court with signed, filed copies of the dismissal order and notice of entry of dismissal within 15 days from the date of this letter. Failure to do so may result in the appeal being dismissed as taken from a non-appealable order. In order to complete the filing of the Civil Case Information Statement as required by California Rules of Court, Rule 8.100(g) you must provide proof of service showing that you have served the opposing parties a copy of the appealable order (judgment).
10/20/2015 Received document entitled: SCLA order of dismissal
05/04/2016 Record on appeal filed. Clerk's-1 (158 pages) Reporter's-1
05/27/2016 Record imaged.
06/13/2016 Request for judicial notice filed. Appellants motion for judicial notice of attached objections filed in Los Angeles Superior Court in case BC479166.
06/13/2016 Appellant's opening brief. Plaintiff and Appellant: Alejandro Alers, Sr. Attorney: Alejandro Alers, Jr.
06/22/2016 Filed proof of service. Amended proof of service re appellant's opening brief
06/27/2016 Respondent's brief. Defendant and Respondent: Bank of America, N.A. Attorney: Marquis Ian Wraight
06/27/2016 Sanctions motion filed. By respondent Bank of America
06/27/2016 Letter sent to: TO: ALL COUNSEL RE:: B266958 - Alers, Sr. v. Bank of America, N.A. The court has received a motion to impose monetary sanctions against appellant and his counsel for filing a frivolous appeal under the standard set forth in In re Flaherty (1982) 31 Cal.3d 637. The court requests appellant's and his counsel's view on this issue. Pursuant to California Rules of Court, rule 8.276(d), appellant and his counsel may serve and file a written opposition within 10 calendar days of the date of this letter. The issue of sanctions and their amount will be argued at the time of oral argument on the merits of the appeal, as provided in California Rules of Court, rule 8.276(e).
06/27/2016 Filed document entitled: Effective immediately lead counsel for respondent will be: Jan Chilton Erik Kemp Kerry Franich All of Severson & Werson
06/29/2016 Filing fee. responsive fee paid via check
07/05/2016 Request for judicial notice denied. Appellant's June 13, 2016 motion for judicial notice is denied.
07/05/2016 Opposition filed. Appellant's written opposition
07/18/2016 Appellant's reply brief. Plaintiff and Appellant: Alejandro Alers, Sr. Attorney: Alejandro Alers, Jr.
07/18/2016 Case fully briefed.
07/18/2016 Filed proof of service. re: appellant's reply brief
07/18/2016 Notice sent to parties re: case fully briefed.
Disposition
Description: Affirmed in part and reversed in part
Date: 12/13/2016
Status: Final
Publication Status: Signed Unpublished
Author: Perluss, Dennis M.
Participants: Segal, John (Concur) Zelon, Laurie D. (Concur)
Case Citation: none