City of Bakersfield v. Westpark Home Owners Association and Friends F071869 Court Case Public Record

  • Details

    Case TitleCity of Bakersfield v. Westpark Home Owners Association and Friends
    Case NumberF071869
    Case TypeCV
    StateCalifornia, CA
    CountyAll Counties
    CourtAppellate Court
    Court Address5th Appellate District
    Phone
    Field Date
    Close Date10/31/2016
  • Parties

    CounselNameType
    Neil L. Arney
    Kutak Rock
    1801 California St Ste 3100
    Denver, CO 80202

    Christopher Darin Glos
    Kutak Rock LLP
    5 Park Plz Ste 1500
    Irvine, CA 92614

    Virginia Gennaro
    Office of the City Attorney
    1600 Truxtun Ave. 4th floor
    Bakersfield, CA 93301

    City of Bakersfield
    Plaintiff and Respondent
    Robert H. Brumfield
    Law Offices of Robert H. Brumfield
    2031 F Strreet
    Bakersfield, CA 93301

    Kristin Alaina Hagan
    Brumfield & Hagan, LLP
    2031 F Street
    Bakersfield, CA 93301

    Westpark Home Owners Association and Friends
    Defendant and Appellant
  • Docket (Register of Actions)
    Date Description Notes
    07/08/2015 Notice of appeal lodged/received. Westpark Home Owners Assoc and Friends appeals from the Judgment 5/4/15.
    07/08/2015 Filing fee. $775.00 by Brumfield & Hagan, LLP
    07/08/2015 Letter sent to: all counsel re mediation program, Questionnaire due w/n 10 days.
    07/08/2015 Default letter sent; no case information statement filed.
    07/17/2015 Appellant's Questionnaire received. by atty Brumfield obo Applt Westpark Home Owners Assoicatin and Friends. (JAH)
    07/21/2015 Respondent's Questionnaire received. Atty Neil obo City of Bakersfield. (JAH)
    07/21/2015 Civil case information statement filed. by Atty Hagan obo Applt Westpark Home Owners Association and Friends. (W5 and sent file)
    07/23/2015 Respondent's Questionnaire received. Atty Neil obo Respondent City of Bakersfield with attachments. (JAH)
    07/23/2015 Civil case information statement filed. by Atty Hagan obo Applt Westpark Home Owners Association and Friends with attachments. (W5)
    08/04/2015 Civil case information statement filed. by Atty Hagan obo Applt Westpark Home Owners Association and Friends with attachments. (W5) Note: 2nd Version
    08/06/2015 Letter sent to: Counsel and the Superior Court re: The Court has determined that the above entitled appeal is not suitable for mediation. Pursuant to Court of Appeal, Fifth District, Local Rules, rule 2 (Mediation in Civil Appeals), the suspension of the operation of California Rules of Court, rules 8.121, 8.124, and 8.216 requiring designation of the record on appeal, payment of the estimated costs of preparation of the record on appeal, and submission of a proposed briefing schedule is terminated as of this date. You are directed to comply immediately with the applicable California Rules of Court. (JAH)
    08/31/2015 Default notice received-appellant notified per rule 8.140(a)(1). on 8/25/15; for failure to file a notice to prepare r/tx and/or notice designating the contents of the c/tx
    09/10/2015 Received copy of Respondent City of Bakersfield's Notice of Designating Record on Appeal from atty Arney
    09/29/2015 Record on appeal filed. R1/57 pages; 1 register of actions; letter sent to all parties re aao due in 40 days.
    11/10/2015 Stipulation of extension of time filed: Appellant's appendix and opening brief filed. Due on 12/09/2015 By 30 Day(s) (1st request, 30 days to 12/9/15 for AOB)
    12/10/2015 Stipulation of extension of time filed: Appellant's appendix and opening brief filed. Due on 12/11/2015 By 2 Day(s) 2nd Stipulation for EOT of ARB.
    12/14/2015 Returned document for non-conformance. AOB rejected thru TrueFiling due to the following: The page numbering. The Cover is page 1, Table of Contents would be page then your Introduction would be the next page and each page consecutively forward to the end. The 1st bookmark needs to reflect the "Table of Contents" page then a bookmark for each heading in the Table of Content heading; so the next bookmark would be the "Introduction" and so forth as bookmarked.
    12/14/2015 Returned document for non-conformance. Appendix (multi volumes) rejected thru TrueFiling due to: Each part of the record submitted in any appendix shall clearly state the volume and page numbers included with a descriptive electronic bookmark to the first page of each indexed document. Appendix containing multiple volumes, pages must be numbered consecutively from the first volume to the last volume, using only the Arabic numbering system, as in 1, 2, 3. These requirements are necessary because the volumes are merged together at the court. Notwithstanding rules 8.127(d)(1), 8.144(c)(1) and 8.486(c)(1)(A), you may exceed the 300 page limit when submitting documents electronically as long as the file size is 25 megabytes or smaller. A separate volume for the index is permitted in the case.
    12/15/2015 Stipulation filed to: Stipulation Designating Contents of Joint Appendix by Atty Brumfield and Atty Armey.
    12/16/2015 Appellant's opening brief. Defendant and Appellant: Westpark Home Owners Association and Friends Attorney: Kristin Alaina Hagan
    12/16/2015 Joint appendix filed. Index to the Joint Appendix Index and the separate Joint Appendix Index to the Joint Appendix Admin Record and the separate Admin Record
    01/14/2016 Returned document for non-conformance. Respondent's brief rejected through TrueFiling as first 3 bookmarks are not corresponding to document. Superior Court also needs to be served.
  • Disposition
    Description: Affirmed in part and reversed in part
    Date: 10/31/2016
    Status: Final The portion of the judgment validating the use of the state gas tax revenues to make payments on the certificates is reversed. The remainder of the judgment is affirmed. The parties shall bear their own costs on appeal. McCable/Hill/Franson (15 pgs.)
    Publication Status: Signed Published
    Author: McCabe, Brian L.
    Participants: Franson, Jr., Donald R. (Concur) Hill, Brad R. (Concur)
    Case Citation: none