Docket (Register of Actions)
McCutchan v. McCutchan et al.
Division 2
Case Number A152101

Date Description Notes

08/10/2017 Notice of appeal lodged/received. Filed 8/2/2017 by B. Edward McCutchan, Jr., Plaintiff in Pro Per

08/10/2017 Notified parties of local rules and procedures.

08/10/2017 Filing fee. For appeal filed 8/2/2017, One Legal LLC check# 3561491

08/15/2017 Civil case information statement filed. Plaintiff and Appellant: B. Edward McCutchan, Jr.
Attorney: B. Edward McCutchan, Jr. Appellant B. Edward McCutchan Jr. w/copies of orders attached

08/15/2017 Filed proof of service. to CCIS

08/24/2017 Appellant’s notice designating record on appeal filed in trial court on: 8/14/2017, designating and Appendix with RT

09/18/2017 Respondent’s notice designating record on appeal filed in trial court on: 8-29-17 designating additional RT

09/18/2017 Default notice received-appellant notified per rule 8.140(a)(1). dated 8-29-17 to Respondent for failure to pay fees for RT designated 8-29-17

09/18/2017 Notice to reporter to prepare transcript. 9-13-17

11/01/2017 County clerk extension requested. Count Clerk, Mala Davis to 12/15/17

11/02/2017 County clerk extension granted. Count Clerk, Mala Davis to 12/15/17

12/12/2017 Court reporter extension requested. CSR Ferronato to 12/18/17

01/08/2018 Court reporter extension granted. CSR Ferronato to 12/18/17

01/11/2018 Record on appeal filed. RT-14

01/22/2018 Supplemental record/transcript filed. R-1 Volume 10 of 4-8-16

01/23/2018 Returned document for non-conformance. Rejected Appellant’s Opening Brief submitted on Jan. 23, 2018, for the following reasons: Pagination is not in compliance with California Rules of Court, rule 8.204(b)(7). Pages must be consecutively paginated beginning with the cover and in Arabic numerals only. Re-paginate and adjust the pages numbers listed on the table of contents and table of authorities accordingly. Briefs 40 pages or longer must have bookmarks. (First. Dist. Court of Appeal, Local Rule 16(b)(2).)

01/23/2018 Returned document for non-conformance. Rejected Appellant’s Appendix for the following reason: Appendix is not in compliance with California Rules of Court, rule 8.124(d) and First District Court of Appeal, Local Rule 16(d)(1).

02/09/2018 Appellant’s opening brief. Plaintiff and Appellant: B. Edward McCutchan, Jr.
Attorney: B. Edward McCutchan, Jr.

02/09/2018 Filed proof of service. Appellant’s Proof of Service for 1) AOB 2) Appendices Volumes 1, 2, 3

02/09/2018 Appellant’s appendix filed. Volume 1 of 3 (Pages 1-290)

02/09/2018 Appellant’s appendix filed. Volume 2 of 3 (pages 291-597)

02/09/2018 Appellant’s appendix filed. Volume 3 of 3 (Pages 598-833)

03/06/2018 Requested – extension of time.
Respondent’s brief. Requested for 05/11/2018 By 60 Day(s)

03/07/2018 Opposition filed. Appellant’s Opposition to Respondents’ Request for Extension of Time to File Respondents’ Brief

03/07/2018 Filed proof of service. to Appellant’s Oppo to Respondents’ EOT for RB

03/06/2018 Granted – extension of time.
Respondent’s brief. Due on 04/11/2018 By 30 Day(s)

04/02/2018 Requested – extension of time.
Respondent’s brief. Requested for 05/09/2018 By 28 Day(s)

04/02/2018 Filed proof of service. to Appellant’s Oppo to Respondents’ Second EOT for RB

04/02/2018 Opposition filed. Appellant’s Opposition to Respondents’ Request for a Second Extension of Time to File Respondents’ Brief

04/04/2018 Granted – extension of time.
Respondent’s brief. Due on 05/09/2018 By 28 Day(s) *** No further extensions will be granted. ***

05/09/2018 Respondent’s appendix filed. Respondents’ Appendix Volume 1 of 2 (Pages RA001-RA293)

05/09/2018 Respondent’s appendix filed. Respondents’ Appendix Volume 2 of 2 (Pages RA294-RA613)

05/09/2018 Certificate of interested entities or persons filed by: Karin Beam, attorney for respondents

05/09/2018 Respondent’s brief. Defendant and Respondent: Harold Thomas McCutchan
Attorney: Karin P. Beam *** No further extensions will be granted. ***

05/17/2018 Exhibit request rule 8.224 by: Karin P. Beam, attorney for defendants Harold McCutchan et al., dated 5/14/18 Plaintiff’s Exhibits A-EE Defendant’s Exhibits 1-5, 5a-87

05/23/2018 Appellant’s reply brief. Plaintiff and Appellant: B. Edward McCutchan, Jr.
Attorney: B. Edward McCutchan, Jr.

05/23/2018 Filed proof of service. for ARB

05/23/2018 Case fully briefed.

06/04/2018 Exhibits lodged. List of Original Exhibits to be Transmitted to the Court of Appeal (original) Plaintiff’s Exhibit E (original) Defendant’s Exhibit Nos. 5, 7, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 39, 40, 41, 43, 45, 48, 49, 50, 51, 52, 53, 58, 59, 62 (1 transparency), 64, 65, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 79, 80, 81, 82, 83, 84, 85, 86, and 87 Dec. of Co. Clerk T. Springer, re: certify that: “1. Exhibits #79-81 & #85-87 are not being transmitted, as the Exhibits clerk is not in possession of these exhibits. 2. On page 4 of Respondent’s notice regarding exhibits, the document states that the original exhibit ‘chart’ is also to be transmitted. This court must assume that the word chart is used rather than the list. These lists are filed documents. And although CRC 8.224 allows the transmission of original exhibits upon request/notice, the code does not state that original filed documents may be sent. For an original document to be removed from the file and transmitted to the First District Court of Appeal, this office must receive an order from the Court of Appeal.” (dated 5-31-18) *** Note: Exhibits #79-81 & #85-87 were transmitted. These exhibits were binder clipped to Defendant’s Exhibit No. 76. *** (all in white long box w/grey exhibit envelope on top)

06/08/2018 Case on conference list. 18-6

06/08/2018 Oral argument waiver notice sent.

06/12/2018 Record to court for review.

06/14/2018 Request for oral argument filed by: Karin Beam, attorney for respondents

07/30/2019 Argument order sent. 8-20-19 at 1:30 p.m. (sent via TrueFiling only)

08/07/2019 Order filed. On the court’s own motion, oral argument in the above-entitled case is advanced from 1:30 p.m. to 9:30 a.m. on August 20, 2019.

08/20/2019 Cause argued and submitted.

08/29/2019 Opinion filed. (Signed Unpublished) The judgment is affirmed. Respondents shall recover their costs of appeal.