Community Venture Partners v. Marin County Open Space District

HearingDescription: Remittitur issued.

HearingDescription: Record returned from Supreme Court.

DispositionDescription: Reversed & remanded to trial court w/directions; Disposition Type: Final The order discharging the preemptory writ of mandate is reversed. The trial court is directed to vacate that order and enter a new order (1) stating the District's return did not demonstrate compliance with the peremptory writ of mandate; (2) denying the District's request for an order discharging the writ; and (3) ordering the District to comply with the writ as affirmed in CVP I. The order denying attorney fees is reversed and remanded for a redetermination of whether CVP is entitled to attorney fees pursuant to section 1021.5.; Publication Status: Signed Unpublished; Author: Brown, Tracie L.; Participants: Pollak, Stuart R. (Concur) Streeter, Jon B. (Concur)

DocketDescription: Opinion filed.; Notes: (Signed Unpublished) The order discharging the preemptory writ of mandate is reversed. The trial court is directed to vacate that order and enter a new order (1) stating the District's return did not demonstrate compliance with the peremptory writ of mandate; (2) denying the District's request for an order discharging the writ; and (3) ordering the District to comply with the writ as affirmed in CVP I. The order denying attorney fees is reversed and remanded for a redetermination of whether CVP is entitled to attorney fees pursuant to section 1021.5.

DocketDescription: Cause argued and submitted.

DocketDescription: Record transmitted to Supreme Court.; Notes: efile notification sent

DocketDescription: Argument order sent.; Notes: 2.10.22 at 10:10 am;

DocketDescription: Request for oral argument filed by:; Notes: atty Michael Graf for aplts;

DocketDescription: Oral argument waiver notice sent.

DocketDescription: Case on conference list.

DocketBrief: Civil case information statement filed.; Party Attorney: Petitioner and Appellant: Community Venture PartnersAttorney: Michael W. Graf; Notes: (order attached)

DocketDescription: Record on appeal filed.; Notes: R-1(e-filed) **ENTIRE RECORD ELECTRONIC**

DocketDescription: Certificate of county clerk filed.; Notes: Filed 02/03/2021 by N. Johnson. Record has been electronically transmitted to the Court of Appeal. Administrative record in A154867 is incorporated by reference.

DocketDescription: Filing fee.; Notes: Check # 1037, Michael W. Graf

DocketDescription: Received:; Notes: Notice of Intent to Incorporated Record on Appeal filed 01/13/2021 by N. Johnson. The administrative record previously transmitted to the Court of Appeal is hereby incorporated by reference from A154867.

DocketDescription: Appellant's notice designating record on appeal filed in trial court on:; Notes: 01/12/2021. Designating 8.124 with RT.

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

DocketDescription: Notified parties of local rules and procedures.

DocketDescription: Notice of appeal lodged/received.; Notes: Filed 12/30/2020 by Counsel for Petitioner Community Venture Partners appealing order from 11/02/2020.

DocketTrial Court Name: Marin County Superior Court; County: Marin; Trial Court Case Number: CIV1701913; Trial Court Judge: Sweet, Andrew