Court Case Record Kinney v. Clark B265267 UID(f602)

Kinney v. Clark Court Case Record

Court Case Number: B265267

Case NumberB265267
Case TitleKinney v. Clark
Case TypeCV
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address2nd Appellate District
Field Date
Close Date5/17/2017


David M. Marcus
Marcus & Enowitz LLP
11377 W. Olympic Blvd.
Suite 500
Los Angeles, CA 90064

Eric Chomsky
Marcus, Watanabe & Dave, LLP
11377 W. Olympic Blvd.
5th Floor
Los Angeles, CA 90064

Michele ClarkCross-defendant and Respondent
William Monroe Rubendall
Law Office of William Rubendall
801 Augusta Ct
Concord, CA 94518

Cyrus M. Sanai
433 North Camden Drive, Suite 600
Beverly Hills, CA 90210

Charles KinneyPlaintiff, Cross-complainant and Appellant
Docket (Register of Actions)
Date Description Notes
01/04/2017 Request for judicial notice filed. by respondent; documents attached.
07/09/2015 Notice of appeal lodged/received. Charles Kinney noa 7/1/15 8.122 clerks no rt
07/14/2015 Filing fee. check # 129
07/18/2015 Certificate of interested entities or persons filed by: Charles Kinney
07/20/2015 Civil case information statement filed.
07/27/2015 Letter sent to: It has come to the attention of the Court that plaintiff has previously been found to be a vexatious litigant within the meaning of Code of Civil Procedure section 391.7, subdivision (a). Pursuant to section 391.7, subdivision (c) of the Code of Civil Procedure, all proceedings are hereby stayed. Within 10 days of the date of this notice plaintiff shall show in writing "that the litigation has merit and has not been taken for purposes of harassment or delay." (Code Civ. Proc., sec. 391.7, subd. (b)). If plaintiff fails to respond to this notice in a timely manner, or if the response fails to demonstrate the merit of the action herein, the appeal shall be dismissed. (Andrisani v. Hoodack (1992) 9 Cal.App.4th 279, 281.)
08/28/2015 Response filed: vex notice
09/23/2015 Order filed. On July 27, 2015 the Court directed Appellant Charles Kinney to show in writing that the Notice of Appeal filed on July 1, 2015 had merit and was not taken for purposes of harassment or delay. Plaintiff Kinney, by counsel, filed a Response to the Court's Notice on August 8, 2015. As Appellant Kinney was represented by counsel when the Notice of Appeal was originally filed, he is not required to seek prior approval of this Court in order to file an appeal. The Notice of July 27, 2015 is hereby vacated and the appeal in this matter is returned to active status in this Court. Appellant is hereby advised that any failure to comply with the rules applicable to appeals in this Court or other actions which attempt to delay the prosecution of this appeal may result in the imposition of sanctions, including dismissal of this action.
10/21/2015 Record on appeal filed. C-1 (173 pages)
10/28/2015 Record imaged.
11/04/2015 Motion to dismiss filed (after record). by respondent Clark
11/04/2015 Request for judicial notice filed. by respondent; documents attached
11/17/2015 Filed document entitled: "NOTICE OF REMOVAL" to US District Bankruptcy Court by aplt Kinney
11/30/2015 Requested - extension of time Appellant's opening brief. Requested for 02/29/2016 By 91 Day(s)
12/04/2015 Request for judicial notice granted. filed 11/4/2015 by respondent; documents attached
12/04/2015 Ruling on motion. Filed 11-4-2015 by respondent to dismiss the appeal is deferred to the panel.
12/04/2015 Bankruptcy proceedings filed - matter stayed. On November 19, 2015 this matter was transferred to the Western Division of that court and assigned Case Number 8:15-cv-09022. Accordingly, all action in the appeal of the above entitled matter is suspended pursuant to Federal Rules of Bankruptcy Procedure, Rule 9027(c). The appellant shall ensure that the Court is served with a copy of the final disposition order/judgment or remand of this case within 10 days of its issuance by the Bankruptcy Court.
02/08/2016 Received: U.S. District Court order of remand to the Second District.
02/24/2016 Received: Appellant Kinney's opposition to the November 4, 2015 motion to dismiss. *Needs review for permission to file*
03/14/2016 Order filed. The Court has been duly notified that on February 4, 2016 the U.S. District Court for the Central District of California remanded the above entitled matter which was removed on November 17, 2015 as Case Number 8:15-cv-09022 pursuant to 28 U.S. C. ยง 1452(a) and Federal Rules of Bankruptcy Procedure, Rule 9027. Accordingly, the stay of this matter entered December 4, 2015 is hereby vacated and the Appeal filed on July 1, 2015 is returned to active status in this Court. Appellant's opening brief is due ninety (90) days from the date of this order.
03/14/2016 Order filed. Permission to file appellant Kinney's opposition to the motion to dismiss is granted. The opposition to the motion to dismiss is filed as of March 14, 2016.
03/14/2016 Opposition filed. Appellant Kinney's opposition to the motion to dismiss.
Description: Dismissed by opinion
Date: 05/17/2017
Disposition Type: Final The appeal is dismissed. Clark's motion for sanctions is granted and the following expanded prefiling order is imposed: Even when Kinney is represented by counsel, he must seek leave of the presiding judge before filing any new litigation (including any appeal or writ) in a court of this state against Clark or the attorneys who have been representing her or represent her in the future in the Fernwood property litigation (including David Marcus, or Eric Chomsky, or any law firm with which David Marcus or Eric Chomsky is associated). On the court's own motion, Kinney is ordered to pay sanctions in the amount of $10,000, payable to Michele Clark in full upon issuance of the remittitur in this case. Also upon issuance of the remittitur, the clerk of this court is directed to provide a copy of this opinion and order to the Judicial Council and the State Bar of California. Clark is entitled to recover her costs on appeal. 27 pgs./Chaney-Rothschild-Johnson.
Publication Status: Signed Published
Author: Chaney, Victoria Gerrard
Participants: Johnson, Jeffrey W. (Concur) Rothschild, Frances (Concur)
Case Citation: none