AquaLegacy Development, LLC v. 2012 Canrow Owner, LLC et al.

HearingDescription: Remittitur issued.

DispositionDescription: Reversed in Full; Disposition Type: Final In H049160, AquaLegacy v. Canrow, the March 21, 2021 judgment is reversed and the matter is remanded to the trial court for the limited purpose of allowing Canrow, upon appropriate motion or other appropriate procedure, to obtain an order for 36 reformation of the trustee's deed recorded November 19, 2014, to correct the error identifying Medallion Silver, LLC as the trustee. In H048978, Ruby Falls v. AquaLegacy, the March 21, 2021 judgment is reversed. In H049062, AquaLegacy v. Canrow, the March 21, 2021 judgment is affirmed. In H049368, AquaLegacy v. Canrow, the August 12, 2021 order awarding attorney fees to AquaLegacy is reversed. (MJG, AMG, CCL); Publication Status: Signed Unpublished; Author: Greenwood, Mary J.; Participants: Grover, Adrienne M. (Concur) Lie, Cynthia C. (Concur)

DocketDescription: Opinion filed.; Notes: (Signed Unpublished) In H049160, AquaLegacy v. Canrow, the March 21, 2021 judgment is reversed and the matter is remanded to the trial court for the limited purpose of allowing Canrow, upon appropriate motion or other appropriate procedure, to obtain an order for 36 reformation of the trustee's deed recorded November 19, 2014, to correct the error identifying Medallion Silver, LLC as the trustee. In H048978, Ruby Falls v. AquaLegacy, the March 21, 2021 judgment is reversed. In H049062, AquaLegacy v. Canrow, the March 21, 2021 judgment is affirmed. In H049368, AquaLegacy v. Canrow, the August 12, 2021 order awarding attorney fees to AquaLegacy is reversed. (MJG, AMG, CCL)

DocketDescription: Cause argued and submitted.

DocketDescription: Filed letter from:; Notes: Counsel David Bowie in case Nos. H049062, H049160, H049368 is changing from personal appearance to remote appearance.

DocketDescription: Oral argument rescheduled; Notes: On the court's own motion, oral argument in the above-entitled cause originally scheduled for Thursday, January 5, 2023, is rescheduled to Thursday, February 16, 2023, at 1:30 p.m. Courtroom entrance will be restricted to counsel and self-represented litigants presenting in-person oral argument only. Counsel and self-represented litigants appearing in person must wear masks and may remove them when addressing the Court during their oral argument. Court staff will be masked, and the Justices will be masked as appropriate during oral argument. Parties who have opted to appear remotely will receive detailed information on how to participate through the BlueJeans Video Conferencing platform.

DocketDescription: Received:

DocketDescription: Calendar notice sent electronically. Calendar date:; Notes: Oral argument in the above-entitled cause will be heard on Thursday, January 5, 2023, at 9:30 a.m. Courtroom entrance will be restricted to counsel and self-represented litigants presenting in-person oral argument only. Counsel and self-represented litigants appearing in person must wear masks and may remove them when addressing the Court during their oral argument. Court staff will be masked, and the Justices will be masked as appropriate during oral argument. Parties who have opted to appear remotely will receive detailed information on how to participate through the BlueJeans Video Conferencing platform.

DocketDescription: Request for oral argument filed by:; Notes: David Bowie for appellants 2012 Canrow Owner, LLC and Medallion Servicing, LLC (15 minutes - personal appearance).

DocketDescription: Request for oral argument filed by:; Notes: Sean D. Unger for respondent (10 minutes - personal appearance).

DocketDescription: Mail returned.; Notes: ACE attorney service check returned as left blank and unclear what it is intended for.

DocketDescription: Letter sent to counsel re:; Notes: We have received a copy of the notice of election to proceed under the provisions of rule 8.124 of the California Rules of Court. The appellant having filed notice of intent to proceed without a reporter's transcript on appeal, the appellant's opening brief and appendix shall be served and filed within 70 days from the date of filing the notice of election under rule 8.124 with the trial court (rule 8.212(a)(1)(B) of the California Rules of Court).

DocketDescription: Proceeding by 8.124 - no reporter's transcript.; Notes: Filed 09/02/21

DocketDescription: Received copy of; Notes: Preliminary opposition to writ petitions by AquaLegacy Development LLC

DocketDescription: Order filed.; Notes: On the court's own motion, appeal number H049368 is hereby ordered to be considered together with appeal numbers H048978, H049062, and H049160 (see order filed July 22, 2021 in each of these dockets) for purposes of oral argument and briefing.

DocketDescription: Filing fee received from:; Notes: Appellant

DocketDescription: Civil case information statement filed.

DocketDescription: Default notice sent-appellant notified per rule 8.100(c).

DocketDescription: Notice of appeal lodged/received.; Notes: 2012 Canrow Owner, LLV, a California Limited Liability, Company, Filed 8/18/21

DocketTrial Court Name: Monterey County Superior Court; County: Monterey; Trial Court Case Number: 16CV001078; Trial Court Judge: Villarreal, Lydia