No. 18-7546

Sherman Vickers v. Marina del Rey Marina, LLC

Lower Court: California
Docketed: 2019-01-24
Status: Denied
Type: IFP
IFP
Tags: appellate-dismissal appellate-procedure automatic-stay civil-procedure clerk-error court-dismissal designation-of-records due-process fair-hearing record-perfection right-to-fair-hearing right-to-fair-trial
Latest Conference: 2019-04-26
Question Presented (from Petition)

IS THERE ANY SUCH THING AS AN AUTOMATIC
STAY FOR THE COURT OF APPEALS;

CAN THE COURT DISMISS THE APPEAL BEFORE THE
PERFECTION OF RECORD ON APPEAL HAS
COMPLETED;

WHEN APPELLANT FILE A NOTICE OF CORRECTION
WITH BOTH COURTS, REGARDING OMISSIONS TO
THE DESIGNATION OF RECORDS; DOES THE COURT
OF APPEALS HAVE TO MOVE ON ITS OWN, TO ISSUE
AN AUTOMATIC STAY ON THE CASE UNTIL LOWER
COURT COMPLETES CORRECTION;

WHAT CONSTITUTES FAILURE UPON COURT DUE TO
CLERK ERROR?

WHEN THE COURTS DOES DISMISS BEFORE
PERFECTION; WOULD THAT CONSTITUTE CLERK
ERROR, VIOLATION OF RIGHT TO FAIR HEARING TO
CLERK ERROR; DUE PROCCESS VIOLATION;

DOES THAT DISMISSAL OF A DEMURR- APPELLATE
DISMISSAL BEFORE PERFECTING RECORD OF THAT
DEMURRER A DENIAL OF A RIGHT TO A FAIR TRIAL;

WHEN AN APPELLANT FILES A NOTICE OR MOTION
FOR CORRECTION OR FOR RECORDS THAT WERE
OMITTED FROM THEIR DESIGNATION OF RECORDS
FOR APPELLATE. WHAT CONSTITUTES AN
AUTOMATIC STAY?

Question Presented (AI Summary)

Whether there is an automatic stay for the Court of Appeals

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-03-27
Brief of respondent Marina Del Rey Marina, LLC in opposition filed.
2019-02-22
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
2019-02-19
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
2018-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)
2018-09-18
Application (18A270) granted by The Chief Justice extending the time to file until November 10, 2018.
2018-09-11
Application (18A270) to extend the time to file a petition for a writ of certiorari from September 11, 2018 to November 10, 2018, submitted to The Chief Justice.

Attorneys

Marina Del Rey Marina
Jonathan Will ThamesHinshaw & Culbertson LLP, Respondent
Jonathan W. ThamesHinshaw, Respondent
Sherman Vickers
Sherman Vickers — Petitioner