Docket (Register of Actions)
Valle v. Vu
Case Number G056202

Date Description Notes

04/17/2018 Notice of appeal lodged/received. Appellant: Mai Vu

05/02/2018 Default notice sent; no case information statement filed, or statement incomplete.

05/07/2018 Filing fee. $775 filing fee from Superior Court

05/09/2018 Civil case information statement filed.

05/14/2018 Appellant ‘s notice designating record on appeal filed in trial court on: 04/26/18 (8.124 without RT)

05/14/2018 Proceeding by 8.124 – no reporter’s transcript. Notice sent to parties

05/31/2018 Substitution of attorneys filed for: Aplt SUBS OUT Atty Anthony Lanza and SUBS IN Atty Richard Lara as counsel on appeal.

07/06/2018 Appellant notified re failure to timely file opening brief.

07/24/2018 Requested – extension of time

07/24/2018 Granted – extension of time.

08/23/2018 Returned document for non-conformance. AOB: Missing bookmarks, missing certificate of interested entities, missing proof of service to Superior Court. Brief submitted without appendix; cannot file brief without appendix.

08/23/2018 Requested – extension of time

08/23/2018 Granted – extension of time.

08/30/2018 Returned document for non-conformance. Appendix: missing chronological index, not bookmarked properly and not paginated properly; missing information on cover; volume? pages?

08/31/2018 Requested – extension of time

08/31/2018 Granted – extension of time.

09/13/2018 Returned document for non-conformance. AAO: Brief and appendix have incorrect Superior Court case number (2622614), Superior Court name (Napa County) and name of Superior Court Judge (W. Scott Snowden). Proof of service for brief names Los Angeles Superior Court instead of Orange County Superior Court. Appendix is not text searchable.

09/13/2018 Appellant’s appendix and opening brief filed. Defendant and Appellant: Mai Vu
Attorney: Richard Louis Lara 1 volume appendix (47 pages)
Three extensions granted for a total of 51 days: 07/24/2018 Requested – extension of time. Requested for 08/22/2018 By 30 Day(s) 07/24/2018 Granted – extension of time. Due on 08/22/2018 By 30 Day(s) 08/23/2018 Requested – extension of time. Requested for 08/29/2018 By 7 Day(s) 08/23/2018 Granted – extension of time. Due on 08/29/2018 By 7 Day(s) 08/31/2018 Requested – extension of time. Requested for 09/12/2018 By 14 Day(s) 08/31/2018 Granted – extension of time. Due on 09/12/2018 By 14 Day(s)

10/12/2018 Returned document for non-conformance. RB: incorrect address and e-mail address for Atty Richard Lara on proof of service.

10/12/2018 Respondent’s brief. Plaintiff and Respondent: Jason Valle
Attorney: Randy K. Vogel

10/15/2018 Default notice for responsive filing fee sent to:

10/15/2018 Misc. fee received for: paid

11/02/2018 Requested – extension of time
ARB not filed (time elapsed or notice no brief). Requested for 12/03/2018 By 32 Day(s)

11/02/2018 Granted – extension of time.
ARB not filed (time elapsed or notice no brief). Due on 12/03/2018 By 32 Day(s)

11/29/2018 Filed letter from: Aplt waives filing an ARB

11/30/2018 ARB not filed (time elapsed or notice no brief). Defendant and Appellant: Mai Vu
Attorney: Richard Louis Lara

11/30/2018 Case fully briefed.

11/30/2018 Argument letter sent.

12/07/2018 Motion filed. by resp motion for imposition of monetary sanctions for frivolous appeal and violation of rules of court; memorandum of points and authorities; supporting declaration. – 21 pgs

12/18/2018 Oral argument deemed waived.

12/24/2018 To court. Resp’s motion for imposition of monetary sanctions for frivolous appeal and violation of rules of court

12/27/2018 Order filed. Respondent filed a motion for sanctions. Appellant may file written opposition to the motion within 10 days of the date of this order. (Cal. Rules of Court, rule 8.276(d). The issue of sanctions will be decided in conjunction with the decision on appeal.

01/08/2019 Note: No opposition filed by appellant to respondent’s motion for sanctions per this court’s order of 12/27/18

03/20/2019 Case briefed and on assignment panel.

07/01/2019 Submission order filed.

07/16/2019 Submission vacated by order. Pursuant to California Rules of Court, rule 8.256(e)(1), submission of the above matter is hereby VACATED. The court is considering granting respondent’s motion for imposition of monetary sanctions against appellant and her counsel. (Cal. Rules of Court, rule 8.276(c).) Appellant and her counsel may file written opposition within 10 days of the date of this order. (Cal. Rules of Court, rule 8.276(d).) Respondent may file an informal reply within 10 days after any opposition has been filed. If no opposition is received, the matter will be resubmitted for the time allowed by law upon expiration of the time for filing opposition; if opposition is received, the matter will be resubmitted upon filing of respondent’s informal reply or expiration of time to file a reply.

07/26/2019 Returned document for non-conformance. Aplt’s opposition; missing bookmarks

07/26/2019 Opposition filed. Aplt’s opposition to imposition of monetary sanctions

08/05/2019 Reply filed to: Respondent’s reply to appellant’s opposition to imposition of sanctions

08/06/2019 Submission order filed.

08/13/2019 Submission vacated by order. Pursuant to California Rules of Court, rule 8.256(e)(1), submission of the above matter is hereby VACATED. Respondent and his counsel are invited to file evidence, including but not limited to declarations of counsel and attorney billing statements, to identify and substantiate the amount of attorney fees incurred specifically in connection with sections 3, 5, 6, and 7 of the Legal Discussion of the respondent’s brief. Any such evidence must be filed within 10 days of the date of this order. The evidence shall show the total amount of attorney fees for the work identified. Appellant and her counsel may file a response, including but not limited to declarations of counsel, within 10 days after respondent files evidence. If respondent does not file evidence, the matter will be resubmitted for the time allowed by law upon expiration of the time for filing evidence; if respondent files evidence, the matter will be resubmitted upon filing of appellant’s response or the expiration of time to file a response.

08/20/2019 Filed declaration of: Declaration of Randy K. Vogel regarding attorneys fees

09/03/2019 Note: No response filed by appellant to Randy K. Vogel’s declaration re attorney fees.

09/04/2019 Submission order filed.

09/30/2019 Opinion filed. Affirmed. Motion for Sanctions. Granted in part. (Signed Unpublished) (Fybel) Bedsworth Goethals