Court Case Record Labertew et al. v. Whiteley C077751 UID(769a)

Labertew et al. v. Whiteley Court Case Record

Court Case Number: C077751

Case NumberC077751
Case TitleLabertew et al. v. Whiteley
Case TypeCV
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address3rd Appellate District
Field Date10/30/2014
Close Date7/10/2018



Stephen T. CammackStephen T. Cammack Law Offices915 University AvenueSacramento, CA95825
Larry J. CoxLaw Office of Larry J. Cox6609 Auburn-Folsom RoadBuilding B, Suite 100Folsom, CA95630
Scott M. Labertew et al.Plaintiff and Respondent

Jeffrey N. KlinkAttorney at Law3200 L StreetSacramento, CA95816
Nora Jean WhiteleyDefendant and Appellant
Date Description Notes
11/07/2014 Notice of appeal lodged/received. Filed in the trial court on 10/30/2014. Declaratory relief of ownership of landlord rights, attorney fees, etc.
11/14/2014 Default notice sent-appellant notified per rule 8.100(c). Filing fee or waiver due 12/01/2014.
11/14/2014 Letter to counsel - 10 days to file case information statement. Case information statement and appellant's mediation statement due 11/24/2014.
11/14/2014 Respondent notified re CAMS. Due 10 days after appellant files.
11/21/2014 Filing fee. Appellant. Receipt R320453
11/24/2014 Civil case information statement filed.
11/25/2014 Appellant's mediation statement filed. Respondent's due 12/05/14.
12/12/2014 Case ordered not eligible for mediation. BUTZ, Acting P.J.
12/12/2014 Letter sent to counsel re: Appeal not selected for mediation.
12/29/2014 Received: Trial court's notice of non-availability of register of actions dated 12/24/14.
12/29/2014 Appellant's notice designating record on appeal filed in trial court on: 12/23/14; 8.124 without RT.
04/07/2015 Appellant notified re failure to timely file opening brief. Defendant and Appellant: Nora Jean Whiteley Attorney: Jeffrey N. Klink Opening brief due 04/22/15.
04/23/2015 Requested - extension of time.
04/27/2015 Granted - extension of time.
05/29/2015 Appeal dismissed for failure to file opening brief. Defendant and Appellant: Nora Jean Whiteley Attorney: Jeffrey N. Klink
06/05/2015 Rehearing petition filed. By appellant. Motion for Relief from Dismissal and Request for Order Reinstating Appeal.
06/12/2015 Order of dismissal vacated. AND APPEAL REINSTATED. Appellant's opening brief shall be served and filed on or before June 29, 2015. Failure to comply with the conditions of this order will result in the immediate dismissal of the appeal without further notice. Raye, P.J.
06/16/2015 Appellant's appendix and opening brief filed. Defendant and Appellant: Nora Jean Whiteley Attorney: Jeffrey N. Klink 1 Vol. appendix (162 pgs.); RB due: 07/16/15.
07/16/2015 Respondent's brief. Plaintiff and Respondent: Scott M. Labertew et al. Attorney: Stephen T. Cammack CIEP included. No interested entities or persons listed.
07/17/2015 Filing fee. Paid by respondent. Receipt#: R320900
08/05/2015 Filed application and order of: Appellant to 10/02/15.
11/05/2015 Case fully briefed.
***** *****
Description: Appeal dismissed for failure to file opening brief.
Date: 05/29/2015
Disposition Type: Vacated
Publication Status:
Case Citation: none
Description: Affirmed in full with directions
Date: 07/10/2018
Disposition Type: Final The trial court's orders are affirmed. The trial court shall modify the judgment to strike the handwritten notation of $34,753 in costs and substitute the correct amount. Respondents are entitled to their costs on appeal. (Cal. Rules of Court, rule 8.278(a)(2).) Pursuant to Business and Professions Code section 6086.7, subdivision (a)(2), which states "[a] court shall notify the State Bar . . . . [if] . . . [if] [w]henever a modification . . . of a judgment in a judicial proceeding is based in whole or in part on the misconduct, incompetent representation, or willful misrepresentation of an attorney," the clerk of this court is directed to forward to the State Bar a copy of this opinion. (People v. Rogers (2016) 245 Cal.App.4th 1353, 1369, fn. 11 [matter reported to State Bar where judgment modified due to counsel's failure to object to amendment adding new criminal charges after defendant waived preliminary hearing].) Further, pursuant to subdivision (b) of the same statute, the clerk of this court shall notify Whiteley's attorney, Jeff Klink, that the matter has been referred to the State Bar.
Publication Status: Signed Unpublished
Author: Hull, Jr., Harry E.
Participants: Murray, Jr., William J. (Concur) Raye, Vance W. (Concur)
Case Citation: none