Supreme Court
Docket (Register of Actions)
ORCHARD ESTATE HOMES v. THE ORCHARD HOMEOWNER ALLIANCE
Division SF
Division SF
Case Number S255031
| Date | Description | Notes |
|---|---|---|
| 04/03/2019 | Petition for review filed |
Objector and Appellant: The Orchard Homeowner Alliance |
| 04/03/2019 | Record requested | Court of Appeal record has been imported and is available in electronic format. |
| 04/03/2019 | Motion for judicial notice filed |
-------------------------------------------------------------------------------- The Orchard Homeowner Alliance, Objector and Appellant Shaun M. Murphy, Retained counsel |
| 04/04/2019 | Received: | Service copy of petition for review & request for judicial notice electronically filed on 4/3/19. |
| 04/05/2019 | Received Court of Appeal record | One doghouse. |
| 04/23/2019 | Request for depublication (petition for review pending) |
Objector and Appellant: The Orchard Homeowner Alliance |
| 04/25/2019 | Received: | Service copy of request for depublication filed electronically 4/23/2019 |
| 05/03/2019 | Opposition to depublication request filed | By Tim Flanagan, counsel for respondent. |
| 05/03/2019 | Received: | Proof of Service for opposition to request for depublication. |
| 05/06/2019 | Received: | Hard copy of opposition to request for Depublication, e-filed 5/3/2019. |
| 05/20/2019 | Time extended to grant or deny review | The time for granting or denying review in the above-entitled matter is hereby extended to and including July 2, 2019, or the date upon which review is either granted or denied. |
| 06/19/2019 | Petition for review granted |
The request for judicial notice is granted as to exhibits B and C, and is denied as to exhibit. The petition for review is granted. The request for an order directing depublication of the opinion is denied. Votes: Cantil-Sakauye, C.J., Chin, Corrigan, Liu, Cuéllar, Kruger and Groban, JJ. |
| 06/19/2019 | Letter sent requesting certification of interested parties/entities | |
| 06/26/2019 | Issues ordered limited | Review was granted in this matter on June 19, 2019. The issue to be briefed and argued is: When a trial court rules on a petition to reduce the votes required to pass an amendment to a homeowners association's covenants, conditions, and restrictions, what, if any, role should voter non-participation play in the court's decision?" (See Cal. Rules of Court, rule 8.516(a)(1).) |
| 07/08/2019 | Certification of interested entities or persons filed |
-------------------------------------------------------------------------------- The Orchard Homeowner Alliance, Objector and Appellant Shaun M. Murphy, Retained counsel |
| 07/11/2019 | Certification of interested entities or persons filed |
------------------------------------------------------------------------------- The Orchard Estate Homes, Petitioner and Respondent Timothy P. Flanagan, Retained counsel |
| 07/12/2019 | Notice of substitution of counsel | Appellant substitutes Jeffrey A. Miller and Wendy S. Dowse in place of Shaun M. Murphy as counsel of record |
| 07/12/2019 | Application for extension of time filed | Appellant requests an extension of 21 days to 8/9/2019 to file the opening brief on the merits. |
| 07/16/2019 | Extension of time granted | On application of appellant and good cause appearing, it is ordered that the time to serve and file the opening brief on the merits is extended to and including August 9, 2019. |
| 08/09/2019 | Opening brief on the merits filed |
Objector and Appellant: The Orchard Homeowner Alliance Opening brief on the merits filed. Due on 08/09/2019 By 21 Day(s) |
| 08/26/2019 | Application for extension of time filed | Respondent requests an extension of 7 days to 9/16/2019 to file the answer brief on the merits. |
| 08/28/2019 | Extension of time granted | On application of respondent and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits is extended to and including September 16, 2019. |
| 09/16/2019 | Answer brief on the merits filed |
Petitioner and Respondent: Orchard Estate Homes, Inc. Answer brief on the merits filed. Due on 09/16/2019 By 7 Day(s) |
| 10/07/2019 | Reply brief filed (case fully briefed) |
Objector and Appellant: The Orchard Homeowner Alliance |
| 10/07/2019 | Motion for judicial notice filed |
Objector and Appellant: The Orchard Homeowner Alliance |
| 10/21/2019 | Opposition filed |
Petitioner and Respondent: Orchard Estate Homes, Inc. |
| 11/04/2019 | Application to file amicus curiae brief filed | By Laurie S. Poole, counsel for Community Associations Institute in support of Orchard Estate Homes, Inc. |
| 11/13/2019 | Permission to file amicus curiae brief granted | The application of Community Associations Institute for permission to file an amicus curiae brief in support of Orchard Estate Homes, Inc. is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| 11/13/2019 | Amicus curiae brief filed |
Amicus curiae: Community Associations Institute |
| 12/13/2019 | Response to amicus curiae brief filed |
Objector and Appellant: The Orchard Homeowner Alliance |
| 09/14/2020 | Filed: | Letter dated September 8, 2020 from appellant counsel notifying the court that the case has been settled. |
| 09/30/2020 | Dismissed as moot |
Review in the above-captioned matter, which was granted on June 19, 2019, is hereby dismissed as moot. (Cal. Rules of Court, rule 8.528(b)(1).) Appellant's motion for judicial notice, filed on October 7, 2019, is also dismissed as moot. Votes: Cantil-Sakauye, C.J., Corrigan, Liu, Cuéllar, Kruger and Groban, JJ. |
| 09/30/2020 | Returned record | to 4DCA2. On e file folder, petition for review, briefs, and reporter's transcript. |
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