Akin v. KDF Cobblestone Village et al.

HearingDescription: Record on appeal filed.

DocketDescription: Appellant 's notice designating record on appeal filed in trial court on:; Notes: 02/02/23 (8.122 CT & RT)

DocketDescription: Order of dismissal vacated.; Notes: Due to error by the clerk of Orange County Superior Court, the appeal was dismissed on February 6, 2023. On the court's own motion and for good cause, the dismissal is VACATED and the appeal is REINSTATED. Superior Court is directed to prepare the record on appeal forthwith.Copy of order mailed to appellant

DocketDescription: To presiding justice for signature.; Notes: Order vacating dismissal

DispositionDescription: Dismissed per rule 8.140(b); Disposition Type: Vacated

DocketDescription: Filed declaration of:; Notes: B. RayoPenaloza, Superior Court clerk declares: Clerk erred in sending the notice of failure to comply with notice of default. Appellant filed their designation on 02/02/2023. Clerk asks Court of Appeal to re-instate this appeal case.

DocketDescription: Appeal dismissed per rule 8.140(b).; Notes: Pursuant to California Rules of Court, rule 8.140(b)(1), the appeal filed July 25, 2022, is DISMISSED for appellant's failure to submit proof of service as required by CRC rule 8.121 and failure to deposit funds and/or substitute to cover each hearing date requested in the designation of the record on appeal in a timely manner as required by CRC rules 8.130(b) and 8.130(c). Appellant is advised that this dismissal will become final as to this court 30 days after the date of this order, at which time this court will lose the power to vacate, reconsider or modify it. (See Cal. Rules of Court, rule 8.264(b)(1).) A motion to vacate dismissal requires a showing of good cause. To allow the court sufficient time to review and evaluate the showing of good cause, a motion to vacate dismissal should be filed well before the 30-day jurisdictional deadline.Copy mailed to appellant

DocketDescription: Filed declaration of:; Notes: Superior Court clerk B. RayoPenaloza: Notice of Failure to Comply with Notice of Default; Appellant failed to submit proof of service for the designation of the record on appeal per rule 8.121 and failed to deposit funds and/or substitute to cover each hearing date requested as required by CRC rules 8.130(b) & 8.130(c) or take one of the actions described in rule 8.130(d)(3)(A). Other: Appellant needs a valid proof of service. The pos does not state the document served, who served the document and it is not signed. POS form is a Court of Appeal form; appellant should use a superior court form. Aplt must provide reporter's written waivers or deposit $8745.

DocketDescription: Order filed.; Notes: On July 25, 2022, appellant filed a notice of appeal from a May 27, 2022, judgment. A party must designate the record on appeal within 10 days of filing the notice of appeal. (Cal. Rules of Court, rule 8.121(a).) Most parties utilize Judicial Council Form APP-003 to designate the record. On August 19, 2022, the court granted appellant's first application for an extension of time to designate the record. On October 17, 2022, the court granted another extension of time to designate the record, indicating that appellant must designate the record by November 17, 2022. Both extensions granted by this court (totaling 105 days) indicated that no further extensions would be granted. On November 17, 2022, appellant filed another request for extension of time to designate the record on appeal. Appellant cites health issues and the difficulties of selecting relevant portions of the record for her appeal. Separately, appellant also requested accommodation under California Rules of Court, rule 1.100. Appellant's application for an additional extension of time to designate the record on appeal is GRANTED in part. The time for appellant to designate the record is EXTENDED by 40 days. The Superior Court of Orange County, Civil Appellate Division, is directed to accept appellant's designation of the record on appeal on or before December 27, 2022. This will result in appellate receiving an extra 145 days to complete a task for which 10 days are allotted under the Rules of Court. No further extensions of time to designate the record shall be granted.Copy of order mailed to appellant

DocketDescription: Request filed to:; Notes: Aplt's request for extension to file designation

DocketDescription: Civil case information statement filed.; Notes: Paper document scanned.

DocketDescription: Order filed.; Notes: Appellant's application for an extension of time to file appellant's designation of the record on appeal is GRANTED. The Superior Court of Orange County, Civil Appellate Division, is directed to accept appellant's designation of the record on appeal on or before October 18, 2022. If appellant fails to comply with this order and the Superior Court notifies this court of the failure to comply, the appeal may be dismissed. No further extensions to designate the record will be granted.

DocketDescription: Request filed to:; Notes: Aplt's request for extension to file designation

DocketDescription: Received document entitled:; Notes: Request for extension of time to designate the record on appeal. (60 days)

DocketDescription: Default notice sent; no case information statement filed, or statement incomplete.; Notes: Mailed notice to appellant

DocketDescription: Mail returned, unable to forward.; Notes: Order dated 07/29/22 sent to appellant, returned as undeliverable.

DocketDescription: Order waiving filing fee.; Notes: Copy mailed to appellant

DocketDescription: Application for waiver of filing fee filed.; Notes: By appellant

DocketDescription: Notice of appeal lodged/received.; Notes: Appellant Simi Akin (pro per)

DocketTrial Court Name: Orange County Superior Court - Main; County: Orange; Trial Court Case Number: 30-2014-00742486; Trial Court Judge: Gooding, Martha