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Court Case Record Two Play Properties, LLC v. Bank of the West et al. (CON/F070814) F068520


Two Play Properties, LLC v. Bank of the West et al. (CON/F070814) Court Case Record

Court Case Number: F068520


 
Case NumberF068520
Case TitleTwo Play Properties, LLC v. Bank of the West et al. (CON/F070814)
Case TypeCV
StateCalifornia, CA
County
CourtAppellate Court
Court Address5th Appellate District
Phone
Field Date
Close Date7/11/2016
Documentpdf

Parties

CounselNameType
Peter James Bezek
Foley Bezek Behle & Curtis LLP
15 W Carrillo St
Santa Barbara, CA 93101

Justin Potter Karczag
Foley Bezek Behle & Curtis LLP
15 West Carrillo Street
Santa Barbara, CA 93101

Roger Neil Behle, Jr
Foley Bezek Behle & Curtis, LLP
Brian Aaron Procel
Miller Barondess, LLP
1999 Ave of the Stars Ste 1000
Los Angeles, CA 90067

Bank of the WestDefendant and Respondent
Brian Aaron Procel
Miller Barondess, LLP
1999 Ave of the Stars Ste 1000
Los Angeles, CA 90067

Kurt CovingtonDefendant and Respondent
Brian Aaron Procel
Miller Barondess, LLP
1999 Ave of the Stars Ste 1000
Los Angeles, CA 90067

Erin BushellDefendant and Respondent
Peter James Bezek
Foley Bezek Behle & Curtis LLP
15 W Carrillo St
Santa Barbara, CA 93101

Roger Neil Behle, Jr
Foley Bezek Behle & Curtis, LLP
15 West Carrillo St.
Santa Barbara, CA 93101

Justin Potter Karczag
Foley Bezek Behle & Curtis LLP
Peter James Bezek
Foley Bezek Behle & Curtis LLP
15 W Carrillo St
Santa Barbara, CA 93101

Roger Neil Behle, Jr
Foley Bezek Behle & Curtis, LLP
15 West Carrillo St.
Santa Barbara, CA 93101

Justin Potter Karczag
Foley Bezek Behle & Curtis LLP
Brian Aaron Procel
Miller Barondess, LLP
1999 Ave of the Stars Ste 1000
Los Angeles, CA 90067

Mira Hashmall
Miller Barondess, LLP
1999 Ave of the Stars Ste 1000
Los Angeles, CA 90067

Bank of the WestDefendant, Cross-complainant and Respondent
Brian Aaron Procel
Miller Barondess, LLP
1999 Ave of the Stars Ste 1000
Los Angeles, CA 90067

Mira Hashmall
Miller Barondess, LLP
1999 Ave of the Stars Ste 1000
Los Angeles, CA 90067

Kurt CovingtonDefendant, Cross-complainant and Respondent
Brian Aaron Procel
Miller Barondess, LLP
1999 Ave of the Stars Ste 1000
Los Angeles, CA 90067

Mira Hashmall
Miller Barondess, LLP
1999 Ave of the Stars Ste 1000
Los Angeles, CA 90067

Erin BushellDefendant, Cross-complainant and Respondent
Docket (Register of Actions)
Date Description Notes
12/16/2013 Notice of appeal lodged/received. by Two Play Properties, LLC appeals from an Order after Judgment under CCP904.1(a)(2) 8/30/13.
12/16/2013 Filing fee. by Foley Bezek Behle & Curtis
12/16/2013 Appellant 's notice designating record on appeal filed in trial court on: 11/12/12 requesting Clerks transcript and Reporters transcript.
12/16/2013 Letter to counsel - 10 days to file case information statement. and mediation screening questionnaires due w/n 10 days; forms enclosed.
12/26/2013 Respondent's Questionnaire received. JAH
12/26/2013 Received: "Civil Case Information Statement" from Atty Procel obo Respondents in error it is a document to be completed by Applt.
12/27/2013 Respondent's Questionnaire received. from Atty Procel obo Respondents Bank of the West et al. (JAH)
12/27/2013 Appellant's Questionnaire received. Atty Karczag obo Applt Two Play Properties, LLC. (JAH)
12/27/2013 Civil case information statement filed. by Atty Karczag obo Applt Two Play Properties, LLC. (W4)
12/27/2013 Certificate of Interested Entities or Persons filed by:. Atty Karczag obo Applt Two Play Properties, LLC.
01/14/2014 Letter sent to: the parties informing that the Court has determined that the above entitled appeal is not suitable for mediation. Pursuant to 5DCA, Local Rules, rule 2 (Mediation in Civil Appeals), the suspension of the preparation of the record on appeal is terminated as of this date. You are directed to comply immediately with the applicable California Rules of Court.
01/31/2014 Order filed. This court is considering dismissing without prejudice the appeal in the above entitled action as prematurely taken. (See Code Civ. Proc., ยง 904.1.) An order sustaining a demurrer is not immediately appealable, because it is not on its face a final judgment. (Evans v. Dabney (1951) 37 Cal. 2d 758, 759.) In addition, no order of dismissal has issued after August 30, 2013, in the superior court. Appellant is therefore directed to file, within 30 days of the date of this order, either a judgment, order of dismissal, or an informal letter brief setting forth a jurisdictional basis for the appeal. Appellant should explain its reasoning and provide citation to supporting legal authority. Appellant's failure to respond will constitute agreement the appeal should be dismissed without prejudice as abandoned. (W4)
03/05/2014 Letter brief filed. Plaintiff and Appellant: Two Play Properties, LLC Attorney: Peter James Bezek Pursuant to the order of 1/31/14. (W4)
03/19/2014 Order filed. Appellant Two Play Properties, LLC, shall have 10 days from the filing date of this order, to resubmit to the superior court an order of dismissal with prejudice as to plaintiff/appellant Two Play Properties, LLC, based on the August 30, 2013 ruling on defendants' demurrer, along with a copy of this court's January 31, 2014 order, which, in relevant part, directed appellant to file either a judgment or order of dismissal or face dismissal of the above-entitled appeal. This court is aware that on February 18, 2014, the superior court denied a proposed order submitted by attorneys for plaintiffs. However, it appears the superior court was not advised of the contents of this court's January 31, 2014 order. The Tulare County Superior Court clerk is directed to serve on this court and the parties copies of the superior court's dismissal order, should one issue, or notice that the superior court has once again denied the request for a dismissal order within 30 days from the date of this order. (W4)
03/28/2014 Filed letter from: Atty Bezek obo Applt Two Play Properties, LLC, dated 3/27/14, updating the court as to the status of the dismissal order to be resubmitted to the Superior Court; pursuant to the 5DCA's order of 3/19/14. (W4)
04/24/2014 Email received from: Superior Court as to copies of the orders of 4/21/14 and 4/22/14. A Supplemental Record will be submitted by Superior Court for filing; pursuant to the order of 3/19/14.
05/14/2014 Rec'd co. notice to appellant re: estimate. dated 5/9/14 for Clerks transcript on Appeal.
05/23/2014 Filed document entitled: "Clerk's Certificate of Service by Mail" with the 4/21/14 propose order to the parties of the order as to the proceedings of 4/21/14; pursuant to the order of 3/19/14. (W4)
05/30/2014 Filed document entitled: "Clerk's Certificate of Service by Mail" with the 4/22/14 order to the parties; pursuant to the order of 3/19/14. (W4)
06/02/2014 Notice to reporter to prepare transcript. sent to ctrr Walker and Ribeiro 5/28/14.
Disposition
Description: Affirmed in full
Date: 07/11/2016
Status: Final The order sustaining the demurrer as to Two Play's claims alleged in the fifth amended complaint and the judgment are affirmed. Costs on appeal are awarded to respondents. Hill, Levy, Gomes (38 pages).
Publication Status: Signed Unpublished
Author: Gomes, Gene M.
Participants: Levy, Herbert I. (Concur) Hill, Brad R. (Concur)
Case Citation: none