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Court Case Record Elliott Homes, Inc. v. The Superior Court of Sacramento County C078122


Elliott Homes, Inc. v. The Superior Court of Sacramento County Court Case Record

Court Case Number: C078122


 
Case NumberC078122
Case TitleElliott Homes, Inc. v. The Superior Court of Sacramento County
Case TypeCV
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address3rd Appellate District
Phone
Field Date
Close Date12/2/2016
Documentpdf

Parties

CounselNameType
Lindy H. Scoffield
Evans, Wieckowski, Ward & Scoffield, LLP
745 University Avenue
Sacramento, CA 95825

Elliott Homes, Inc.Petitioner

The Superior Court of Sacramento CountyRespondent
Teresa A. Libertino
LATTIE MALANGA LIBERTINO, LLP
3731 Wilshire Boulevard, Suite 860
Los Angeles, CA 90010

Kevin Hicks et al.Real Party in Interest
Kathleen Frances Carpenter
Donahue Fitzgerald LLP
1646 N. California Blvd., Suite 250
Walnut Creek, CA 94596

The California Building Industry Association and Leading Builders of AmericaAmicus curiae
Docket (Register of Actions)
Date Description Notes
01/05/2015 Filed petition for writ of: Mandate. Stay requested pursuant to Civil Code section 930(b). CIEP included.
01/05/2015 Exhibits filed in support of: Petition. 2 Vols. (304 pp.)
01/05/2015 Filed declaration of: Lindy H. Scoffield in support of petition for writ of mandate.
01/05/2015 Filed declaration of: Harry C. Elliott in support of petition for writ of mandate.
01/05/2015 Received: Letter from petitioner stating "The stay request is not an emergency."
01/22/2015 Stay order filed. All further proceedings in Sacramento County Superior Court case number 34201400164692CUCDGDS, Kevin Hicks et al. v. Elliott Homes, Inc., an Arizona Corporation and DOES 1 through 1, 000, inclusive, are stayed pending filing of opposition and further order of this court. Let an alternative writ of mandate issue. Written return to the alternative writ by real parties in interest is to be served and filed by February 23, 2015. Petitioner's reply, if any, is to be served and filed with this court 15 days after the filing of the written return. BLEASE, Acting P. J. (Bu, D)
01/22/2015 Issued alternative writ.
01/22/2015 Letter sent to: The accompanying writ or order to show cause should be served in the same manner as a summons. (See Code Civ. Proc., §§ 1073, 1096, 1105, and 415.10-415.50.) The original should be returned to this office with proof of service of copies upon the respondent and all real parties in interest, if applicable.
02/18/2015 Alternative writ with service filed.
02/23/2015 Written return filed. By Kevin Hicks et al. CIEP included.
03/10/2015 Traverse to return filed. By petitioner.
03/10/2015 Case fully briefed.
03/13/2015 Application to file amicus curiae brief filed by: The California Building Industry Association and Leading Builders of America in support of petitioner Elliot Homes, Inc. (Bound with brief.)
03/17/2015 Order filed. Granting amicus curiae application of The California Building Industry Association and Leading Builders of America in support of petitioner. Brief filed this date. Any response due by: April 6, 2015. RAYE, P.J.
03/17/2015 Amicus curiae brief filed by: Amicus curiae: The California Building Industry Association and Leading Builders of America Attorney: Kathleen Frances Carpenter The California Building Industry Association and Leading Builders of America in support of Petitioner.
03/17/2015 Request for judicial notice filed. By The California Building Industry Association and Leading Builders of America in support of amicus curiae brief. *Granted in opinion.
03/17/2015 Exhibits filed in support of: Request for judicial notice filed by The California Building Industry Association and Leading Builders of America. (2 Vols.)
03/17/2015 Ruling on request for judicial notice deferred Pending calendaring and assignment of panel. RAYE, P.J.
09/08/2015 Filed additional cites for oral argument. By Petitioner.
11/30/2015 Filed additional cites for oral argument. By RPI
10/05/2016 Argument order sent. Monday, November 21, 2016, at 2:00 p.m. Raye, P.J. Tentative Panel: Blease, Nicholson, Murray (Subject to changed without notice)
10/11/2016 Request for oral argument filed by: By Amicui Curiae requesting 20 minutes for oral argument.
Disposition
Description: Petition granted after alternative writ issued
Date: 12/02/2016
Status: Final Let a peremptory writ of mandate issue directing the respondent court to vacate its order of November 6, 2014, denying Elliott's motion to stay the litigation, and enter a new order granting the motion and staying the litigation until the parties have satisfied the requirements of the statutory prelitigation procedure set forth in chapter 4 of the Act (§§ 910-938). The stay previously issued by this court shall be dissolved as of the date this opinion is filed. The parties shall bear their own costs on appeal. (Cal. Rules of Court, rule 8.493(a)(1)(B).)
Publication Status: Signed Published
Author: Blease, Coleman A.
Participants: Murray, Jr., William J. (Concur) Nicholson, George W. (Concur)
Case Citation: none