Litigation roster

This roster is a list of selected litigation involving the Franchise Tax Board. It includes active cases and cases closed within the last 2 years. The roster is updated as needed.

Active cases

Filed
5/15/2020
Court
Third Appellate District, Case № C100135
Taxpayer’s Counsel
Matthew Curtis Maler
FTB’s Counsel
Jennifer T. Henderson
Contact
Scott DePeel
Year
2007
Amount
$3,260,166.00

Issue:

  1. Whether all or a portion of the amount awarded to appellant in a civil case in 2007 qualifies for nonrecognition treatment under Internal Revenue Code section 1033.

Status:

Date Status
May 15, 2020 Complaint filed.
May 19, 2020 Case Management Conference scheduled for December 3, 2020.
June 24, 2020 Amendment filed by Plaintiffs.
July 22, 2020 Answer to Complaint filed by FTB.
August 12, 2020 Michael Sapoznikow added as Deputy Attorney General on July 21, 2020.
September 9, 2020 Minute Order re: Initial Case Management Conference filed.
November 17, 2020 Notice of Appearance filed by FTB.
August 31, 2021 Case Management Conference scheduled for October 22, 2021 at 8:30 a.m. in Department 31 and the Notice of Case Management Conference and Order to Appear has been generated.
September 1, 2021 Minutes finalized for hearing held on September 1, 2021.
September 1, 2021 Clerk’s Certificate of Service by Mail (Minute Order) generated.
October 5, 2021 Case Management Statement filed by Plaintiff.
October 6, 2021 Case Management Statement filed by FTB.
October 12, 2021 Tentative Ruling for Case Management Conference – Case Management Program set on October 22, 2021 at 8:30 a.m. published
October 12, 2021 Notice of Change in Handling Attorney filed by FTB.
October 13, 2021 Jennifer T. Henderson added effective October 12, 2021.
October 22, 2021 Case Referred to Trial Setting process for parties’ selection of Trial date and Mandatory Settlement Conference date within 60 days of the referral date.
October 22, 2021 Case Referred to Trial Setting process for parties’ selection of Trial date and Mandatory Settlement Conference date no later than 60 days after the effective date.
October 22, 2021 Minutes finalized for Case Management Conference – Case Management Program heard on October 22, 2021 at 8:30 a.m.
December 8, 2021 Civil Settlement Conference scheduled for February 21, 2023 at 9:30 a.m., no forms have been generated.
December 8, 2021 Civil Trial Assignment – Long Cause scheduled for March 28, 2023 at 8:30 a.m., the Notice of Hearing has been generated.
August 1, 2022 Case Management Statement filed by Plaintiff.
August 2, 2022 Proof of Electronic Service filed by Plaintiff.
August 15, 2022 Minute Order (Case Management Conference) filed by Clerk.
August 17, 2022 Notice of Continuance filed by FTB.
October 10, 2022 Case reassigned to Department 43 effective October 10, 2022
October 24, 2022 Substitution of Attorney filed by Plaintiffs.
November 2, 2022 Stipulation and Proposed Order – Other (To Continue Trial) submitted by Plaintiffs and rejected on November 2, 2022.
November 9, 2022 Ex Parte Application – Other (For Order to Continue Trial) filed by FTB.
November 9, 2022 Proposed Order (On Ex Parte Application) filed by FTB.
November 10, 2022 Order Determining Disposition of Ex Parte Application filed.
November 10, 2022 Civil Settlement Conference - Civil Settlement Conference rescheduled to 05/08/2024 at 09:30:00 AM in Department 59 at Gordon D Schaber Courthouse. No Forms have been generated.
November 10, 2022 Civil Trial Assignment - Long Cause - Civil Trial Assignment scheduled for 06/11/2024 at 08:30:00 AM in Department 47 at Gordon D Schaber Courthouse and the Notice of Hearing has been generated.
November 14, 2022 Notice of Entry of Order filed by FTB.
March 22, 2023 Motion for Summary Judgment filed by Plaintiffs.
March 22, 2023 Request - Judicial Notice Filed by Plaintiffs
March 22, 2023 Memorandum of Points and Authorities filed by Plaintiffs
March 22, 2023 Statement - Other (Separate Statement of Undispued Material Facts) filed by Plaintiffs
March 22, 2023 Statement – Other (Statement of Evidence cited In Support of Motion for Summary Judgment) filed by Plaintiffs.
March 23, 2023 Motion for Summary Judgment filed by FTB.
March 23, 2023 Memorandum of Points and Authorities (ISO MSJ) filed by FTB.
March 23, 2023 Declaration – Other (of Jennifer T. Henderson ISO MSJ) filed by FTB.
March 23, 2023 Statement of Undisputed Facts (ISO MSJ) filed by FTB.
March 23, 2023 Request - Judicial Notice (ISO MSJ) filed by FTB.
March 23, 2023 Exhibit List (Index of Exhibits ISO MSJ) filed by FTB.
March 24, 2023 Motion for Summary Judgment and/or Adjudication – Civil Law and Motion – MSA/MSJ/SLAPP scheduled for June 8, 2023 at 9:00 a.m. in Department 54.
May 25, 2023 Letter to Continue MSJ's from June 8, 2023 to September 19, 2023, filed by Clerk.
June 7, 2023 Tentative Ruling (Motion for Summary Judgment and/or Adjudication - Civil Law and Motion - MSA/MSJ/SLAPP).
June 8, 2023 Minute Order (Motion for Summary Judgment and/or Adjudication – Civil Law and Motion – MSA/MSJ/SLAPP).
June 8, 2023 Motion for Summary Judgment and/or Adjudication - Civil Law and Motion - MSA/MSJ/SLAPP scheduled for 06/08/2023 at 09:00 AM in Hall of Justice at Department 54 Not Held - Continued - Party's Motion was rescheduled to 09/19/2023 09:00 AM.
June 8, 2023 Hearing on Motion for Summary Judgment scheduled for 09/19/2023 at 09:00 AM in Hall of Justice at Department 54.
September 1, 2023 Memorandum of Points & Authorities in Opposition to Motion for Summary Judgment filed by Plaintiffs.
September 1, 2023 Separate Statement of Undisputed and Disputed Material Facts in Opposition to Motion for Summary Judgment filed by Plaintiffs.
September 1, 2023 Statement of Evidence Cited in Opposition to Motion for Summary Judgment filed by Plaintiffs.
September 5, 2023 Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment or Adjudication filed by FTB.
September 5, 2023 Separate Statement in Opposition to Plaintiffs' Motion for Summary Judgment or Adjudication filed by FTB.
September 5, 2023 Objection to Plaintiffs' Evidence in Support of Motion for Summary Judgment or Adjudication filed by FTB.
September 5, 2023 Proposed Order on Written Objections to Plaintiffs' Evidence filed by FTB.
September 13, 2023 Reply Brief in Support of Motion for Summary Judgment filed by Plaintiffs.
September 13, 2023 Response to Separate Statement of Undisputed and Additional Disputed Material of Facts filed by Plaintiffs.
September 14, 2023 Reply to Opposition to Motion for Summary Judgment filed by FTB.
September 14, 2023 Response to Plaintiff's Additional Undisputed Material Facts in Opposition to Motion for Summary Judgment filed by FTB.
September 14, 2023 Objection to Evidence Submitted in Opposition to Motion for Summary Judgment filed by FTB.
September 14, 2023 Proposed Order on Written Objections to Evidence filed by FTB.
September 18, 2023 Tentative Ruling (Motion for Summary Judgment) filed.
September 19, 2023 Minute Order (Hearing on Motion for Summary Judgment) filed.
September 19, 2023 Hearing on Motion for Summary Judgment scheduled for September 19, 2023 at 9:00 a.m. in Department 54 not held – Continued – Court's Motion was rescheduled to October 3, 2023 at 9:00 a.m. in Department 54.
September 19, 2023 Hearing on Motion for Summary Judgment scheduled for October 3, 2023 at 9:00 a.m. in Department 54.
October 2, 2023 Tentative Ruling (Motion for Summary Judgment) filed.
October 3, 2023 Hearing on Motion for Summary Judgment scheduled for October 3, 2023 at 9:00 a.m. – Motion Granted.
October 3, 2023 Minute Order (Hearing on Motion for Summary Judgment) filed.
October 17, 2023 Declaration of Service by Email & U.S. Mail filed by FTB.
October 20, 2023 Proposed Order Granting Motion for Summary Judgment filed by FTB.
October 20, 2023 Proposed Judgment filed by FTB
October 24, 2023 Notice of Entry of Judgment/Dismissal/Other Order filed by FTB.
December 14, 2023 Substitution of Attorney – Matthew Curtis Maler.
December 15, 2023 Notice of Appeal filed by Appellants.
December 15, 2023 Notice of Filing Notice of Appeal, filed by Clerk.
February 2, 2024 Appellants' Notice Designating Record on Appeal filed.
February 5, 2024 Third District Court of Appeal Order not selected.
March 26, 2024 Notice of Change of Handling Attorney filed by FTB.

California Third Appellate District

December 19, 2023 Notice of Appeal lodged/received. Filed in the Trial Court on December 15, 2023.
December 27, 2023 Filing Fee paid by Appellants. Receipt Number R326455.
December 28, 2023 Letter to Counsel advising of due date of Civil Case Information Statement and Appellants' Mediation Statement due on January 12, 2024.
December 28, 2023 Respondent notified regarding CAMS – Due 10 days after the filing of Appellants' Mediation Statement.
January 11, 2024 Civil Case Information Statement filed by Appellants.
January 11, 2024 Appellants' Mediation Statement filed, Respondent's Mediation Statement is due January 22, 2024.
January 17, 2024 Respondent's Mediation Statement filed.
February 1, 2024 Case ordered not eligible for mediation.
February 8, 2024 Appellants' Notice Designating Record on Appeal filed in Trial Court on February 2, 2024. Designating an Appendix under Rule 8.124 only.
March 22, 2024 Stipulation of Extension of Time filed for Appellants’ Appendix and Opening Brief, due on May 13, 2024.
March 22, 2024 Letter filed from Appellants’ Counsel adding Attorney Waste as Counsel.
March 26, 2024 Notice of Change of Assigned Counsel from Respondent's Counsel adding Attorney Freeman.
Filed
11/06/18
Court
San Francisco Superior Court Case № CGC-18-571122
Court
First Appellate District Case №  A165659
Taxpayer’s Counsel
Edwin Antolin Antolin Agarwal LLP
FTB’s Counsel
Heather Hoesterey
Contact
Sonia Woodruff
Year
2007
Amount
$115,519.00

Issues:

  1. Whether Revenue and Taxation Code section 17442(a) is not applicable to Plaintiffs where one trustee of the trust is a non-California resident and the trust does not have any beneficiary with a non-contingent interest.
  2. Whether FTB’s two-step methodology to determine Plaintiffs’ California taxable income violates the Due Process Clause of the United States Constitution and/or the California Constitution and violates the Commerce Clause of the United States Constitution.

Status:

Date Status
November 6, 2018 Plaintiffs filed a Summons and Complaint.
November 6, 2018 A Notice to Plaintiff was filed. The Notice set a Case Management Conference to April 10, 2019.
December 12, 2018 Defendant filed a Stipulation and (proposed) Order to Extend Time to Respond to the Complaint. The Parties stipulated that the deadline to file an Answer to the Complaint is extended to January 16, 2019.
January 15, 2019 Plaintiff’s First Amended Complaint was filed.
February 15, 2019 FTB’s Answer to Plaintiff’s First Amended Complaint was filed.
February 15, 2019 A Notice of Related Case was filed.
February 15, 2019 FTB’s Notice of Motion and Motion to Stay was filed along with pleadings in support thereof.
February 15, 2019 Notice of Motion and Motion to Stay Proceedings was filed along with pleadings in support thereof. The hearing is scheduled for April 9, 2019.
February 15, 2019 Also on February 15, 2019 FTB filed a Request for Judicial Notice in support of Motion to Stay with pleadings in support thereof.
March 25, 2019 Plaintiffs’ Opposition to Defendant’s Motion to Stay was filed.
April 2, 2019 The Reply Memorandum of Points and Authorities in support of FTB’s Motion to Stay was filed.
April 9, 2019 The Court granted FTB’s Motion to Stay pending the issuance of a decision by the Court of Appeal in the pending appeal in the case of Paula Trust v. FTB.
May 6, 2019 The Case Management Conference scheduled to occur on May 22, 2019, is continued to November 20, 2019.
May 22, 2019 A Notice of Entry of Order granting FTB’s Motion to Stay was filed.
November 20, 2019 The Case Management Conference scheduled to occur on November 20, 2019 is continued to May 20, 2020.
April 20, 2020 Parties file joint Case Management Statement.
April 28, 2020 Case Management Conference of May 20, 2020 continued to October 21, 2020.
October 2, 2020 Case Management Statement filed by Plaintiffs Alan Steuer in his capacity as Co-Trustee of the Syufy Trust Smiley, and Stafford in his capacity as Co-Trustee of the Syufy Trust. Case Management Statement also filed by FTB.
October 13, 2020 Case Management Conference of October 21, 2020 continued to February 24, 2021 for Status of Stay Notice sent by Court.
December 15, 2020 Notice of Reassignment of Counsel and Change of Address filed by FTB.
January 28, 2021 Case Management Statement filed by Plaintiffs.
February 1, 2021 Notice of Change of Firm Name filed by Attorney Edwin P. Antolin.
February 4, 2021 Case Management Conference of February 24, 2021 is continued to April 28, 2021, Notice sent by Court.
February 16, 2021 Notice of Reassignment of Counsel and Change of Address filed by FTB.
April 2, 2021 Case Management Statement filed by Plaintiffs, estimated time for Trial 4.0 days.
April 2, 2021 Case Management Statement filed by FTB, estimated time for Trial 4.0 days.
April 15, 2021 Notice of Time and Place of Trial, Court Trial set for December 13, 2021 at 9:30 a.m. Case Management Conference on April 28, 2021 is off Calendar, Notice sent by Court.
June 1, 2021 Filing Fee for Joint Stipulation for Plaintiffs to File Second Amended Complaint, Proposed Order filed by Plaintiff.
June 2, 2021 Order on Joint Stipulation to File Second Amended Complaint.
June 4, 2021 Filing Fee Paid for Stipulation and Proposed Protective Order filed by Plaintiff.
June 10, 2021 Stipulated Protective Order.
July 12, 2021 Notice of Entry of Order/Notice of Ruling filed by Plaintiff.
July 27, 2021 Answer to Second Amended Complaint filed by FTB.
August 3, 2021 Joint Application to Continue Trial and all Related Dates filed by Plaintiff.
August 3, 2021 Stipulation (Joint) to Continue Trial and all Related Dates filed by Plaintiff.
August 11, 2021 Master Court Calendar Set for December 13, 2021 Continued to Master Calendar Court on April 25, 2022 at 9:30 a.m. in 206 Per Ex Parte Order filed on August 11, 2021.
August 11, 2021 Order Granting Joint Application to Continue Trial and all Related Dates.
January 5, 2022 Motion for Summary Judgment filed by FTB, hearing set for March 25, 2022 at 9:30 a.m. in Department 302.
January 5, 2022 Memorandum of Points and Authorities in Support of Motion for Summary Judgment filed by FTB.
January 5, 2022 Declaration of Jaymie Mora in Support of Motion for Summary Judgment filed by FTB.
January 5, 2022 Declaration of Kara Siegel in Support of Motion for Summary Judgment filed by FTB.
January 5, 2022 Notice of Lodgment of Exhibits in Support of Motion for Summary Judgment filed by FTB.
January 5, 2022 Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment filed by FTB.
January 5, 2022 Request for Judicial Notice in Support of Motion for Summary Judgment filed by FTB.
January 5, 2022 Declaration of Service filed by FTB.
January 21, 2022 Court Reporting Services Less Than 1 Hour filed by FTB.
January 27, 2022 Motion to Seal Documents Filed in Support of Defendant’s Motion for Summary Judgment filed by Plaintiffs. Hearing Set for February 25, 2022 at 9:30 a.m. in Department 302.
January 27, 2022 Plaintiff’s’ Memorandum of Points and Authorities in Support of Motion to Seal Documents filed in Support of Defendant’s Motion for Summary Judgment filed by Plaintiffs.
January 27, 2022 Declaration of Ian Morris in Support of Motion to Seal Documents filed in Support of Defendant’s Motion for Summary Judgment filed by Plaintiffs.
January 27, 2022 Court Reporting Services Less Than 1 Hour filed by Plaintiffs.
January 27, 2022 Proof of Service filed by Plaintiffs.
February 7, 2022 FTB’s Response to Motion to Seal filed by FTB.
February 14, 2022 Amended Declaration of Service filed by FTB.
February 16, 2022 Notice of Remote Appearance filed by Plaintiffs.
February 22, 2022 Notice of Remote Appearance filed by FTB.
February 25, 2022 Mini Minutes for February 25, 2022 9:30 a.m.
February 25, 2022 Law and Motion 302, Plaintiffs’ Motion to Seal Documents filed in Support of Defendant’s Motion for Summary Judgment – Granted.
March 11, 2022 Notice of Motion and Motion to Seal Documents filed in Opposition to Defendant's Motion for Summary Judgment CAL. R. CT. 2.550, 2.551 filed by Plaintiffs. Hearing is set for April 7, 2022 at 9:30 a.m. in Department 302.
March 11, 2022 Documentary Evidence in Support of Opposition to Defendant FTB's Motion for Summary Judgment Volume 1 of 2 Exhibits A, D Unredacted (Conditionally Sealed) filed by Plaintiffs.
March 11, 2022 Documentary Evidence in Support of Opposition to Defendant FTB's Motion for Summary Judgment Volume 1 of 2 Exhibits A, D redacted filed by Plaintiffs.
March 11, 2022 Memorandum of Points and Authorities in Support of Motion to Seal Documents filed in Opposition to Defendant's Motion for Summary Judgment filed by Plaintiffs.
March 11, 2022 Declaration of Ian Morris in Support of Motion to Seal Documents filed in Opposition to Defendant's Motion for Summary Judgment filed by Plaintiffs.
March 11, 2022 Court Reporting Services Less Than 1 Hour filed by Plaintiffs.
March 11, 2022 Proof of Service by Electronic Mail filed by Plaintiffs.
March 11, 2022 Memorandum of Points and Authorities in Opposition to Defendant's Motion for Summary Judgment filed by Plaintiffs.
March 11, 2022 Separate Statement of Disputed Facts and Additional Material Facts in Opposition to Defendant's Motion for Summary Judgment filed by Plaintiffs.
March 11, 2022 Declaration of Edwin Antolin in Support of Opposition to Defendant's Motion for Summary Judgment filed by Plaintiffs.
March 11, 2022 Declaration of Ian Morris in Support of Opposition to Defendant's Motion for Summary Judgment filed by Plaintiffs.
March 11, 2022 Documentary Evidence in Support of Opposition to Defendant FTB's Motion for Summary Judgment Volume 1 of 2 Exhibits A unredacted (Conditionally Sealed) filed by Plaintiffs.
March 11, 2022 Documentary Evidence in Support of Opposition to Defendant FTB's Motion for Summary Judgment Volume 1 of 2 Exhibits A redacted filed by Plaintiffs.
March 11, 2022 Documentary Evidence in Support of Opposition to Defendant FTB's Motion for Summary Judgment Volume 2 of 2 Exhibits E – Q filed by Plaintiffs.
March 11, 2022 Objections to Defendant's Request for Judicial Notice in Support of Motion for Summary Judgment filed by Plaintiffs.
March 11, 2022 Proof of Service by Electronic Mail filed by Plaintiffs.
March 11, 2022 Order Granting Plaintiffs' Motion to Seal Documents filed in Support of Defendant's Motion for Summary Judgment filed.
March 14, 2022 Dismissal Without Prejudice Only First Cause of Action (Refund of Personal Income Taxes Rev. & Tax Code 17952) in the Second Amended Complaint.
March 18, 2022 Reply Memorandum in Further Support of Motion for Summary Judgment filed by FTB.
March 18, 2022 Response to Plaintiffs’ Statement of Additional Material Facts filed by FTB.
March 18, 2022 Reply Declaration of Kara Siegel in Further Support of Motion for Summary Judgment filed by FTB.
March 18, 2022 Response to Plaintiffs’ Objection to Request for Judicial Notice in Support of Motion for Summary Judgment filed by FTB.
March 22, 2022 Notice of Remote Appearance with Attorney Rachel Chanin, filed by Plaintiffs.
March 22, 2022 Notice of Remote Appearance with Attorney Edwin P. Antolin, filed by Plaintiffs.
March 22, 2022 Notice of Remote Appearance filed by FTB.
March 24, 2022 Defendant's Non-Opposition to Motion to Seal filed by FTB.
March 25, 2022 Minutes for March 25, 2022 filed.
March 25, 2022 Mini Minutes for March 25, 2022 filed.
March 25, 2022 Law and Motion 302, FTB's Motion for Summary Judgment granted. Counsel for the Prevailing Party is required to prepare a Proposed Order which repeats verbatim the substantive portion of the Court's ruling Order in Compliance with CRC3.1312.
March 30, 2022 Proposed Order Granting Summary Judgment filed by FTB.
March 30, 2022 Declaration of Kara Siegel, filed by FTB.
March 30, 2022 Proof of Service by Electronic Mail filed by FTB
April 7, 2022 Mini Minutes for April 7, 2022 9:30 a.m. filed
April 7, 2022 Law & Motion, as to the April 7, 2022 Hearing Re: Plaintiffs' Motion to Seal Documents Filed in Opposition to Defendant's Motion For Summary Judgment, the Court Adopts it's Tentative Ruling. Unopposed Motion Granted. Order Signed.
April 7, 2022 Order Granting Plaintiffs' Motion to Seal Documents filed in Opposition to Defendant's Motion for Summary Judgment.
April 8, 2022 Notice of Entry of Order/Notice of Ruling Filed Granting Plaintiffs' Motion to Seal Documents filed in Opposition to Defendant's Motion for Summary Judgment filed by Plaintiffs.
April 8, 2022 Proof of Service by Electronic Mail filed by Plaintiffs.
April 13, 2022 Order Granting Summary Judgment filed.
April 14, 2022 Notice of Entry of Order/Notice of Ruling filed by FTB.
April 15, 2022 Removed from Master Court Calendar on April 25, 2022. Assigned to Case Management Department 610 on July 20, 2022 at 10:30 a.m. for Case Management Conference for Judgment After Order Granting FTB's Motion for Summary Judgment filed April 13, 2022. Notice sent by Court.
April 28, 2022 Case Management Statement filed by FTB.
May 2, 2022 Memorandum of Costs and Disbursements, $1,040.00 total costs, mature date May 22, 2022, filed by FTB.
May 3, 2022 Proof of Service filed by FTB.
June 1, 2022 The Court ordered the following Judgment entered: It is Adjudged that Plaintiffs take nothing from Defendant FTB on the Complaint, said Defendant to have Judgment thereon for $1,040 costs, total Judgment $1,040.
June 3, 2022 Notice of Entry of Judgment.
June 27, 2022 Case Management Conference of July 20, 2022 is off calendar, Judgment on file. Notice sent by Court.
July 21, 2022 Notice of Appeal filed by Appellant.
July 21, 2022 Notice Designating Record on Appeal filed by Appellant.
July 21, 2022 Clerk's Notice of Filing of Notice of Appeal.
August 11, 2022 Appeal Record Certified to the Court of Appeal.
August 11, 2022 Certification Notice.
November 16, 2023 Remittitur Reversed.
November 16, 2023 Memorandum of Costs on Appeal - Cost Bill, $.00 Credit Acknowledged ($.00 on Interest, $.00 on Principal), $.00 Interest, $879.60 Costs, filed by Plaintiff.
January 3, 2024 Declaration under Code of Civil Procedure Section 170.6 Peremptory Challenge pending as to Judge Suzanne R. Bolanos filed by Plaintiff.
March 26, 2024 Added to Calendar for Case Management Conference Hearing set for May 8, 2024 at 10:30 a.m. in Department 610.
March 26, 2024 Order Setting Case Management Conference set for May 8, 2024 at 10:30 a.m. in Department 610 sent by Court.

California First Appellate District

July 22, 2022 Notice of appeal lodged/received by Plaintiffs.
July 22, 2022 Notified parties of local rules and procedures.
July 22, 2022 Default Notice sent – Appellants notified per rule 8.100(c).
July 22, 2022 Change of contact information filed for Edwin Park Antolin – Old firm: Antolin Agarwal LLP, new firm: Vallejo Antolin Agarwal Kanter LLP.
July 22, 2022 Change of contact information filed for Monty Agarwal – Old firm: Antolin Agarwal LLP, new firm: Vallejo Antolin Agarwal Kanter LLP.
July 22, 2022 Filing fee paid over the phone by credit card.
July 25, 2022 Appellants' Notice designating record on appeal filed in Trial Court on July 21, 2022 – Designating 8.124 without RT.
July 25, 2022 Proceeding by 8.124 – no reporter's transcript.
August 1, 2022 Civil Case Information Statement filed by Appellants.
August 1, 2022 Certificate of County Clerk filed.
September 13, 2022 Stipulation of Extension of Time filed to 60 days to November 28, 2022.
December 5, 2022 Appellants Notified Re Failure to Timely file Opening Brief.
December 9, 2022 Appellants' Opening Brief filed.
December 9, 2022 Appellants' Appendix filed – Vol. 1 of 3 pages 1-177.
December 9, 2022 Appellants' Appendix filed – Vol. 2 of 3 Sealed pages 178-453.
December 9, 2022 Appellants' Appendix filed – Vol. 3 of 3 pages 454-752.
December 12, 2022 Stipulation of Extension of Time to file Respondent's Brief. Respondent's Brief due on March 10, 2023.
March 1, 2023 Requested Extension of Time for Respondent's Brief to be filed on April 10, 2023.
March 1, 2023 Extension of Time Granted for Respondent's Brief.
April 7, 2023 Respondent's Appendix filed.
April 10, 2023 Defendant and Respondent: California Franchise Tax Board Attorney: Kara D. Siegal Two extensions granted for a total of 91 days.
April 18, 2023 Stipulation of Extension of Time filed for Appellant's Reply Brief. Due on June 30, 2023 by 60 days.
June 29, 2023 Appellant's Reply Brief filed.
June 29, 2023 Case fully briefed.
June 29, 2023 Oral Argument Waiver Notice sent.
June 29, 2023 Request for Oral Argument filed by Appellant – selected Option B; Personal Appearance.
June 30, 2023 Request for Oral Argument filed by Kara Siegel for Respondent – selected C and B.
July 7, 2023 Case on Conference List.
August 4, 2023 Calendar Notice sent, Calendar date is September 13, 2023 at 9:30 a.m. either remotely or in its courtroom on the fourth floor. Each side will be permitted 15 minutes for argument.
August 9, 2023 Record to Court for review.
September 5, 2023 Letter sent to Counsel Regarding Notice of Tentative Opinion.
September 5, 2023 Issued Tentative Opinion or Disputed Issued Memo.
September 6, 2023 Request for Oral Argument filed by FTB.
September 8, 2023 Appellant did not reply to Tentative Opinion Letter Regarding Requesting Oral Argument.
September 13, 2023 Case argued and submitted for Respondent.
September 14, 2023 Opinion Filed, signed Unpublished. The Judgment is reversed, Appellants shall recover their costs on Appeal.
September 19, 2023 Filed letter from Request for Oral Argument recording.
November 15, 2023 Remittitur issued.
November 15, 2023 Case complete.
Filed
August 19, 2022
Court
San Francisco County Superior Court,
Case No.
CGC-22-601363
Taxpayer’s Counsel
Richard Pachter
FTB’s Counsel
Laura E. Robbins
FTB’s contact: 
Mary Yee
Years
2021
Amount
Approximately $0.00

Issues:

  1. Whether plaintiff is entitled to a Declaratory Judgment declaring Technical Advice Memorandum (TAM) 2022-01 and Publication FTB 1050 as invalid because they allegedly directly contradict Public Law 86-272.
  2. Whether plaintiff is entitled to a Declaratory Judgment that TAM 2022-01 and Publication FTB 1050 are improper because they allegedly are underground regulations.
  3. Whether plaintiff's due process rights were violated based on the retroactive application of TAM 2022-01 and Publication 1050 for periods prior to the publication of the documents.

Status:

Date Status
August 19, 2022 Civil Complaint filed.
August 19, 2022 Civil Case Cover Sheet filed.
August 19, 2022 Summons issued and filed.
August 23, 2022 Notice of Case Management Conference and Assignment of Judge for All Purposes filed. CMC scheduled for November 9, 2022 at 3:30 p.m.
August 25, 2022 Motion to Admit Counsel Pro Hac Vice/Verified Application for Pro Hac Vice Admission of Martin I. Eisenstein, filed by Plaintiff. Hearing set for September 19, 2022 at 9:30 a.m. in Department 302.
August 25, 2022 Motion to Admit Counsel Pro Hac Vice/Verified Application for Pro Hac Vice Admission of George S. Isaacson filed by Plaintiff. Hearing set for September 19, 2022 at 9:30 a.m. in Department 302.
August 25, 2022 Notice of Hearing on Applications for Pro Hac Vice Admission of George S. Isaacson, Martin I. Eisenstein and Nathaniel A. Bessey filed by Plaintiff.
September 12, 2022 Summons on Complaint, Proof of Service Only, filed by Plaintiff, served August 25, 2022, Personal Service as to FTB.
September 19, 2022 Mini Minutes for September 19, 2022 at 9:30 a.m. filed.
September 19, 2022 Order Granting Application to Appear as Counsel Pro Hac Vice for Attorney Nathaniel A. Bessey filed by Counsel for Plaintiff.
September 19, 2022 Order Granting Application to Appear as Counsel Pro Hac Vice for Attorney George S. Issacson filed by Counsel for Plaintiff.
September 19, 2022 Order Granting Application to Appear as Counsel Pro Hac Vice for Attorney Martin I. Eisentein filed by Counsel for Plaintiff.
September 19, 2022 Law and Motion 302, Plaintiff's Motion to Admit Counsel Pro Hac Vice. George Isaacson's Unopposed Pro Hac Vice Application is Granted. Order signed.
September 19, 2022 Law and Motion 302, Plaintiff's Motion to Admit Counsel Pro Hac Vice. Nathaniel Bessey's Unopposed Pro Hac Vice Application is Granted. Order signed.
September 19, 2022 Law and Motion 302, Plaintiff's Motion to Admit Counsel Pro Hac Vice. Martin Eisenstein's Unopposed Pro Hac Vice Application is Granted. Order signed.
September 20, 2022 Notice of Entry of Order/Notice of Ruling filed by Plaintiff.
October 10, 2022 Demurrer to Complaint/Notice of Demurrer filed by FTB. Hearing is set for November 17, 2022 at 9:30 a.m. in Department 302.
October 10, 2022 Memorandum of Points and Authorities in Support of Demurrer filed by FTB.
November 3, 2022 Opposition to Defendant's Demurrer to Complaint filed by Plaintiff.
November 9, 2022 Reply in Support of Demurrer filed by FTB.
November 17, 2022 Mini Minutes for November 17, 2022 at 9:30 a.m. in Department 302 filed.
November 17, 2022 Law and Motion 302, FTB's Demurrer to Complaint is taken under submission. Order overruling Demurrer is signed after hearing.
November 17, 2022 Order overruling Demurrer is filed.
November 28, 2022 Answer to Complaint filed by FTB.
December 16, 2022 Case Management Statement filed by FTB, estimated time for Trial 3 days.
December 20, 2022 Case Management Statement filed by Plaintiff, estimated time for Trial 1 day.
December 28, 2022 Notice of Time and Place of Trial, Court Trial set for October 2, 2023, at 9:30 a.m. in Department 206. Case Management Conference on January 18, 2023, is off calendar. Notice sent by Court.
February 16, 2023 Order Denying Petition for Writ of Mandate A166954, Division 5 filed.
April 13, 2023 Motion for Summary Judgment, Proof of Service, filed by Plaintiff. Hearing set for July 3, 2023 at 9:30 a.m. in Department 302.
April 13, 2023 Memorandum of Points and Authorities in Support of Motion for Summary Judgment filed by Plaintiff.
April 13, 2023 Separate Statement of Facts in Support of Plaintiff's Motion for Summary Judgment filed by Plaintiff.
April 13, 2023 Declaration of Paul Miller filed by Plaintiff.
April 13, 2023 Declaration of Ronald Solomon filed by Plaintiff.
April 13, 2023 Request for Judicial Notice in Support of Its Motion for Summary Judgment filed by Plaintiff.
May 11, 2023 Filing Fee for Stipulation and Proposed Protective Order filed by Plaintiff.
May 23, 2023 Notice of Appearance of Counsel filed by FTB.
May 23, 2023 Notice of Motion and Motion to Compel Production of Documents filed by FTB. Hearing is set for June 20, 2023 at 9:00 a.m. in Department 302.
May 23, 2023 Memorandum of Points and Authorities in Support of Motion to Compel Production of Documents filed by FTB.
May 23, 2023 Declaration of Kara Siegel filed by FTB.
May 23, 2023 Separate Statement in Support of Motion to Compel Production of Documents filed by FTB.
May 23, 2023 Proof of Service by Electronic Mail filed by FTB.
May 23, 2023 Notice of Motion and Motion to Compel Further Responses to Interrogatories filed by FTB. Hearing is set for June 20, 2023 at 9:00 a.m. in Department 302.
May 23, 2023 Memorandum of Points and Authorities in Support of Motion to Compel Further Responses to Interrogatories filed by FTB.
May 23, 2023 Declaration of Kara Siegel filed by FTB.
May 23, 2023 Separate Statement in Support of Motion to Compel Further Responses to Interrogatories filed by FTB.
May 23, 2023 Proof of Service by Electronic Mail filed by FTB.
May 23, 2023 Ex Parte Application for Order to Continue Trial Date and All Related Dates; Memorandum of Points and Authorities filed by FTB.
May 23, 2023 Declaration of Kara Siegel filed by FTB.
May 23, 2023 Declaration of Laurie McElhatton in Support of Ex Parte Application for Trial Continuance filed by FTB.
May 23, 2023 Proof of Service by Electronic Mail filed by FTB.
May 30, 2023 Ex Parte Application for Order to Continue Trial Date and All Related Dates; Memorandum of Points and Authorities filed by FTB.
May 30, 2023 Declaration of Kara Siegel filed by FTB.
May 30, 2023 Declaration of Laurie McElhatton in Support of Ex Parte Application for Trial Continuance filed by FTB.
May 30, 2023 Proof of Service by Electronic Mail filed by FTB.
June 2, 2023 Stipulation to Continue Trial Date and All Related Dates filed by FTB.
June 5, 2023 Response in Opposition to FTB's Motion to Compel Production of Documents filed by Plaintiff.
June 5, 2023 Separate Statement in Support of Opposition to FTB's Motion to Compel Production of Documents filed by Plaintiff.
June 5, 2023 Declaration of Paul Miller filed by Plaintiff.
June 5, 2023 Declaration of David Swetineam-Burland filed by Plaintiff.
June 5, 2023 Proof of Service for Response to Opposition to FTB's Motion to Compel Production of Documents filed by Plaintiff.
June 5, 2023 Opposition Response in Opposition to FTB's Motion to Compel Further Responses to Interrogatories filed by Plaintiff.
June 5, 2023 Separate Statement in Support of Opposition to FTB's Motion to Compel Further Responses to Interrogatories filed by Plaintiff.
June 5, 2023 Declaration of Paul Miller filed by Plaintiff.
June 5, 2023 Declaration of David Swetineam-Burland filed by Plaintiff.
June 5, 2023 Proof of Service for Response in Opposition to FTB's Motion to Compel Further Responses to Interrogatories filed by Plaintiff.
June 7, 2023 Law and Motion, Dept. 302, Plaintiff's Motion for Summary Judgment is continued from July 3, 2023 to August 1, 2023 at 9:30 AM per the Agreement of the Parties per email dated June 7, 2023.
June 8, 2023 Order to Continue Trial Date filed.
June 8, 2023 Master Court Trial Calendar set for October 2, 2023 continued to Master Calendar Court on October 23, 2023 at 9:30 AM in 206 per Ex Parte Order filed June 8, 2023.
June 9, 2023 Reply in Further Support of Its Motion to Compel Production of Documents filed by FTB.
June 9, 2023 Reply Declaration of Kara Siegel filed by FTB.
June 9, 2023 Proof of Service by Electronic Mail filed by FTB.
June 9, 2023 Reply in Further Support of Its Motion to Compel Further Responses to Interrogatories filed by FTB.
June 9, 2023 Reply Declaration of Kara Siegel filed by FTB.
June 9, 2023 Proof of Service by Electronic Mail filed by FTB.
June 9, 2023 Reply in Further Support of Its Motion to Compel Further Responses to Interrogatories filed by FTB.
June 9, 2023 Reply Declaration of Kara Siegel filed by FTB.
June 9, 2023 Proof of Service by Electronic Mail filed by FTB.
June 20, 2023 Mini Minutes for June 20, 2023 9:00 a.m.
June 20, 2023 Discovery Department 302, as to June 20, 2023 Hearing Regarding Notice of Motion and Motion to Compel Production of Documents Submitted on June 20, 2023 by Judge Pro Tem Robert Kane. Appearances by both Attorneys.
June 20, 2023 Discovery Department 302, as to June 20, 2023 Hearing Regarding Motion to Compel Further Responses to Interrogatories Submitted on June 20, 2023 by Judge Pro Tem Robert Kane. Appearances by both Attorneys.
June 20, 2023 Stipulation to Allow the Matter to be Decided by a Judge Pro Tem filed by Plaintiff and FTB.
June 30, 2023 Discovery Department 302, previously submitted on June 20, 2023, the Court now denies Defendant's Motion to Compel Production of Documents 11, 12, and 13. (See signed Order for complete ruling).
June 30, 2023 Discovery Department 302, previously submitted on June 20, 2023, the Court now denies Defendant's Motion to Compel Further Responses to Interrogatories as to Special Interrogatories 9, 12, and 13. (See signed Order for complete ruling).
June 30, 2023 Order on Defendant's Motion to Compel Plaintiff to provide further Responses to Certain Requests for Production.
June 30, 2023 Order on Defendant's Motion to Compel Plaintiff to provide Further Responses to Special Interrogatories.
July 13, 2023 Conditionally Sealed – FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by FTB.
July 13, 2023 (Redacted) FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by FTB.
July 13, 2023 Conditionally Sealed – FTB's Response to Plaintiff's Separate Statement of Undisputed Material Facts filed by FTB.
July 13, 2023 Conditionally Sealed – Declaration of Kara Siegel in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by FTB.
July 13, 2023 (Redacted) FTB's Response to Plaintiff's Separate Statement of Undisputed Material Facts filed by FTB.
July 13, 2023 Objections to Plaintiff's Evidence in Support of Motion for Summary Judgment filed by FTB.
July 13, 2023 Exhibit List filed by FTB.
July 13, 2023 Declaration of Laurie McElhatton in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by FTB.
July 13, 2023 Declaration of Alfredo Ramirez in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by FTB.
July 13, 2023 Declaration of Jozel Brunett in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by FTB.
July 13, 2023 Declaration of Jolene Kane in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by FTB.
July 13, 2023 Proof of Service for Opposition to Plaintiff's Motion for Summary Judgment, Etc. filed by FTB.
July 24, 2023 Order Designating Case Complex and Assigning it to Judge Schulman in Department 304 for all purposes.
July 31, 2023 Notice Sent to Attorney Nathaniel A. Bessey to pay Pro Hac Vice Renewal Fee by 9/27/2023.
July 31, 2023 Notice Sent to Attorney George S. Issacson to pay Pro Hac Vice Renewal Fee by 9/27/2023.
July 31, 2023 Notice Sent to Attorney Martin I. Eisentein to pay Pro Hac Vice Renewal Fee by 9/27/2023.
August 1, 2023 Mini Minutes for August 1, 2023, 9:30 a.m. in Department 302.
August 1, 2023 Law and Motion courtroom 302, Plaintiff's Motion for Summary Judgment off calendar. The Court designates this case as complex and it is assigned to Judge Schulman in Department 304 for all purposes. Please contact his Clerk at 415-551-3729 to reschedule the Motion and other future hearings, if any. The Court will issue a formal Order. Judge Richard B. Ulmer, Clerk W. Trupek; not reported.
August 3, 2023 Reply Memorandum in Support of Its Motion for Summary Judgment filed by Plaintiff.
August 3, 2023 Responses to FTB's Evidentiary Objections filed by Plaintiff.
August 3, 2023 Second Ronald Solomon Declaration filed by Plaintiff.
August 3, 2023 Reply to FTB's Response to Plaintiff's Separate Statement of Undisputed Material Facts – Unredacted, Sealed per Order filed August 17, 2023, filed by Plaintiff.
August 3, 2023 Reply to FTB's Response to Plaintiff's Separate Statement of Undisputed Material Facts – Redacted, filed by Plaintiff.
August 3, 2023 Declaration of Member of Plaintiff – Unredacted, Sealed per Order filed August 17, 2023, filed by Plaintiff.
August 3, 2023 Declaration of Member of Plaintiff – Redacted, filed by Plaintiff.
August 3, 2023 Proof of Service for Reply in Support of Its Motion for Summary Judgment Second Ronald Solomon Declaration, etc. filed by Plaintiff.
August 3, 2023 Notice of Motion and Unopposed Motion to Seal with Incorporated Memorandum of Points and Authorities filed by Plaintiff. Hearing set for August 17, 2023 at 9:00 a.m. in Department 304.
August 3, 2023 Joint Stipulation of Plaintiff and FTB's Redacted Version filed by Plaintiff.
August 3, 2023 Joint Stipulation of Plaintiff and FTB's Unredacted Version (Conditionally Sealed) filed by Plaintiff.
August 14, 2023 Pro Hac Vice Renewal Fee paid for Attorney Nathaniel A. Bessey.
August 17, 2023 Minutes for August 17, 2023 9:00 a.m. hearing filed.
August 17, 2023 Complex Litigation – Plaintiff's Motion for Summary Judgment argued, and the Court takes the matter under submission. Judge Ethan P. Schulman, Clerk E. Larnauti, Reporter Tamara Willat, CSR 4609.
August 17, 2023 Complex Litigation – Plaintiff's Unopposed Motion to Seal, Counsel submit on the Court's tentative ruling. The Court grants the Motion and will sign the Proposed Order. Judge Ethan P. Schulman, Clerk E. Larnauti, Reporter Tamara Willat, CSR 4609.
August 17, 2023 Order Granting Plaintiff's Unopposed Motion to Seal filed.
August 24, 2023 Plaintiff's Motion for Summary Judgment taken under submission on August 17, 2023 is denied. See Order filed this date – Judge Ethan P. Schulman.
August 24, 2023 Order on Plaintiff's Motion for Summary Judgment filed.
September 1, 2023 Notice of Withdrawal of Appearance of George S. Isaacson filed by Plaintiff.
September 6, 2023 Master Court Trial Calendar set for October 23, 2023 is vacated per Order Vacating Trial Date and Setting Case Management Conference.
September 6, 2023 Order Vacating Trial Date and Setting Case Management Conference filed.
September 7, 2023 Added to Calendar for Case Management Conference Hearing set for October 26, 2023 at 9:00 a.m. in Department 304.
September 18, 2023 Pro Hac Vice Renewal Fee paid for Attorney Martin I. Eisentein.
September 27, 2023 Complex Litigation Case Management Conference set for October 26, 2023 in Department 304 is advanced to October 5, 2023 at 1:30 p.m. in Department 304 by agreement of the Parties.
September 29, 2023 Joint Case Management Statement filed by FTB.
September 29, 2023 Declaration of Alfredo Ramirez filed by FTB.
September 29, 2023 Proof of Service filed by FTB.
October 2, 2023 September 27, 2023 Pro Hac Vice Status Calendar as to Attorney Nathaniel A. Bessey – Off Calendar, Renewal Fees paid on August 14, 2023.
October 2, 2023 September 27, 2023 Pro Hac Vice Status Calendar as to Attorney George S. Issacson – Off Calendar, no Parties found for Attorney.
October 2, 2023 September 27, 2023 Pro Hac Vice Status Calendar as to Attorney Martin I. Eisentein, off Calendar, Renewal Fees paid on September 18, 2023.
October 4, 2023 Declaration of David Swetnam-Burland filed by Plaintiff.
October 4, 2023 Declaration of Laurie McElhatton in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by Defendant.
October 4, 2023 Declaration of Alfredo Ramirez in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by Defendant.
October 4, 2023 Declaration of Paul Miller filed by Plaintiff.
October 4, 2023 Second Declaration of Paul Miller filed by Plaintiff.
October 4, 2023 Declaration of Ronald Solomon filed by Plaintiff.
October 4, 2023 Second Declaration of Ronald Solomon filed by Plaintiff.
October 4, 2023 Third Declaration of Ronald Solomon filed by Plaintiff.
October 5, 2023 Minutes for October 5, 2023 at 1:30 p.m. filed.
October 5, 2023 Complex Litigation Case Management Conference held on October 5, 2023 in Department 304. The Court and Counsel Confer Re: the Case Status. A further Case Management Conference is not scheduled. The previously reserved Hearing of Motion for Summary Adjudication remains on Calendar for December 14, 2023 at 9:00 a.m.
October 20, 2023 Order following Informal Discovery Conference filed.
November 30, 2023 Opposition to Plaintiff's Motion for Summary Adjudication on Count Two of Its Complaint filed by FTB.
November 30, 2023 Response to Plaintiff's Separate Statement of Undisputed Material Facts filed by FTB.
November 30, 2023 Objections to Evidence filed by FTB.
November 30, 2023 Index of Exhibits filed by FTB.
November 30, 2023 Declaration of Kara Siegel (Redacted – Public Version) filed by FTB.
November 30, 2023 Declaration of Kara Siegel (Conditionally Sealed) filed by FTB.
November 30, 2023 Declaration of Aretina Wallace in Support of FTB's Opposition to Plaintiff's Motion for Summary Adjudication on Count Two of Its Complaint filed by FTB.
November 30, 2023 Declaration of Jolene Kane in Support of FTB's Opposition to Plaintiff's Motion for Summary Adjudication on Count Two if Its Complaint (Public Redacted) filed by FTB.
November 30, 2023 Declaration of Jolene Kane in Support of FTB's Opposition to Plaintiff's Motion for Summary Adjudication on Count Two if Its Complaint (Unredacted) (Conditionally Sealed) filed by FTB.
November 30, 2023 Proof of Service by Electronic Mail filed by FTB.
December 4, 2023 Declaration of Laurie McElhatton in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by FTB.
December 4, 2023 Declaration of Alfredo Ramirez in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by FTB.
December 4, 2023 Declaration of Jozel Brunett in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by FTB.
December 4, 2023 Declaration of Jolene Kane in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by FTB.
December 7, 2023 Reply in Support of its Motion For Summary Adjudication on Count Two filed by Plaintiff.
December 7, 2023 Reply to FTB's Response to Plaintiff's Separate Statement of Undisputed Material Facts filed by Plaintiff.
December 7, 2023 Responses to FTB's Evidentiary Objections filed by Plaintiff.
December 7, 2023 Proof of Service by Electronic Mail filed by Plaintiff.
December 13, 2023 Order Granting Plaintiff's Motion for Summary Adjudication filed.
December 13, 2023 Not Reported. Complex Litigation Hearing of Motion for Summary Adjudication on Count Two of its Complaint set for December 14, 2023 in Department 304 is taken off Calendar per Court Order Granting Plaintiff's Motion for Summary Adjudication, filed December 13, 2023.
December 18, 2023 The Court ordered the following Judgment entered: Judgment by Court.
December 18, 2023 Notice of Entry of Judgment filed.
December 18, 2023 Proof of Service for Notice of Entry of Judgment filed by Plaintiff.
December 27, 2023 Proof of Service by Electronic Mail filed by FTB.
December 29, 2023 Notice of Motion and Motion to Vacate and Modify Judgment; Memorandum of Points and Authorities in Support Thereof filed by FTB. Hearing set for February 14, 2024 at 9:00 a.m. in Department 304.
December 29, 2023 Declaration of Kara Siegel in Support of Motion to Vacate and Modify Judgment filed by FTB.
December 29, 2023 Proof of Service by Electronic Mail filed by FTB.
January 11, 2024 Notice of Motion and Motion to Strike and Tax Memorandum of Costs, Memorandum of Points and Authorities filed by FTB. Hearing is set for February 14, 2024 at 9:00 a.m. in Department 304.
January 11, 2024 Declaration of Kara Siegel in Support of Motion to Strike and Tax Memorandum of Costs filed by FTB.
January 11, 2024 Proof of Service by Electronic Mail filed by FTB.
January 19, 2024 Opposition to FTB's Motion to Strike and Tax Memorandum of Costs filed by Plaintiff.
January 19, 2024 Proof of Service filed by Plaintiff.
January 19, 2024 Opposition to FTB's Motion to Vacate and Modify Judgment filed by Plaintiff.
January 19, 2024 Proof of Service by Electronic Mail filed by Plaintiff.
January 19, 2024 Notice of Motion and Motion for Attorney Fees filed by Plaintiff. Hearing is set for February 14, 2024 at 9:00 a.m. in Department 304.
January 19, 2024 Memorandum of Points and Authorities in Support of Its Motion for Attorney Fees filed by Plaintiff.
January 19, 2024 Declaration of David Swetnam-Burland in Support of Plaintiff's Motion for Attorney Fees filed by Plaintiff.
January 19, 2024 Declaration of Richard Pachter in Support of Plaintiff's Motion for Attorney Fees filed by Plaintiff.
January 19, 2024 Proof of Service by Electronic Mail filed by Plaintiff.
January 31, 2024 Opposition to Plaintiff's Motion for Attorney Fees filed by FTB.
January 31, 2024 Declaration of Kara Siegel in Support of FTB's Opposition to Plaintiff's Motion for Attorney's Fees filed by FTB.
February 6, 2024 Reply in Support of Its Motion for Attorney Fees filed by Plaintiff.
February 6, 2024 Proof of Service by Electronic Mail filed by Plaintiff.
February 6, 2024 Reply in Further Support of Motion to Strike and Tax Memorandum of Costs filed by FTB.
February 6, 2024 Reply in Further Support of Its Motion to Vacate and Modify Judgment filed by FTB.
February 13, 2024 Complex Litigation – FTB's Motion to Vacate and Modify Judgment set for February 14, 2024 is off Calendar per Order filed this date.
February 13, 2024 Complex Litigation – FTB's Motion to Strike and Tax Memorandum of Costs set for February 14, 2024 is off Calendar per Order filed this date.
February 13, 2024 Complex Litigation – Plaintiff's Motion for Attorney Fees set for February 14, 2024 is off Calendar per Order filed this date.
February 13, 2024 Order Denying Defendant's Motion to Vacate and Modify Judgment filed.
February 13, 2024 Order on Defendant's Motion to Strike and Tax Memorandum of Costs and Motion for Attorney Fees filed.
Filed
February 7, 2024
Court
Los Angeles County Superior Court, Case № 24STCV03239
Taxpayer’s Counsel
Gary M. Slavett
FTB’s Counsel
Laura Robbins
FTB’s Contact
Mary Yee
Years
2018, 2019
Amount
Approximately $6,424,402.24

Issues:

  1. Whether the plaintiff substantiated that FTB’s disallowance of the NOL Utilization Deduction was incorrect.
  2. Whether the plaintiff substantiated that FTB’s disallowance of the Nonbusiness Interest and Nonbusiness Sale of Asset was incorrect.

Status:

Date Status
February 7, 2024 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
February 7, 2024 Alternate Dispute Resolution Packet filed by Clerk.
February 7, 2024 Summons and Complaint issued and filed by Plaintiff as to FTB.
February 7, 2024 Complaint filed by Plaintiff as to FTB.
February 8, 2024 Case assigned to Honorable Maurice A. Leiter in Department 54.
February 8, 2024 Civil Case Cover Sheet filed by Plaintiff.
February 8, 2024 Notice of Case Management Conference filed by Clerk.
February 8, 2024 Case Management Conference scheduled for May 8, 2024 at 8:30 a.m. in Department 54.
Filed
09/08/16
Court
San Francisco Superior Court, Case № CGC-16-554150
Taxpayer’s Counsel
Stewart R. Pollock, Esq., Edelson PC
FTB’s Counsel
Heather B. Hoesterey
Contact
Ann H. Hodges
Year
2011
Amount
$800.00

Issues:

  1. Whether the definition of “doing business” as defined in California Revenue and Taxation Code §23101 violates the Due Process Clause of the United States Constitution.
  2. Whether Plaintiff had sufficient nexus with the state of California so as to be subject to California Revenue and Taxation Code §23153.
  3. Whether Plaintiff is entitled to an award of Attorney’s fees.
  4. Whether the matter should properly be certified as a class action

Status:

Date Status
September 8, 2016 The Summons and Complaint were filed. The Case Management Conference is scheduled for February 8, 2017. The Civil Case Management statement is due to be filed on January 17, 2017.
November 17, 2016 FTB’s Demurrer to Class Action Complaint was filed.
November 30, 2016 The parties request for a continuance of the Demurrer hearing was granted and the matter is continued to January 18, 2017.
December 29, 2016 Plaintiff filed its Opposition to the Demurrer.
January 11, 2017 A Reply to Opposition to Demurrer was filed by FTB.
January 18, 2017 The court denied FTB’s Demurrer, with leave to amend.
January 20, 2017 The court continued the Case Management Conference from February 8, 2017 to April 12, 2017.
February 7, 2017 Plaintiff filed the First Amended Complaint.
March 28, 2017 A Case Management Statement was filed by Defendant.
March 29, 2017 The Case Management Conference was continued from April 12, 2017 to June 14, 2017.
March 30, 2017 The FTB filed a Demurrer to Plaintiff’s First Amended Complaint, along with documents in support thereof. In addition, FTB also filed a Motion to Stay Proceedings in this case with respect to Plaintiff’s request that this case proceed as a class action, pending the Court of Appeal’s determination of Judicial Council Coordination Proceeding № 4742.
April 12, 2017 The Case Management Conference was continued to June 14, 2017.
April 19, 2017 The Plaintiff’s Opposition to Defendant’s Demurrer to the First Amended Complaint and Defendant’s Motion to Stay were filed.
May 2, 2017 The court issued an Order granting FTB’s Motion to Stay Proceedings and removing FTB’s Demurrer to the First Amended Complaint from the court’s calendar.
June 2, 2017 A Notice of Entry of Order Granting Defendant’s Motion to Stay Proceedings was filed by FTB. This case is stayed pending determination of the appeal in Case № 140518, FTB LLC Tax Refund Cases Judicial Coordination Proceeding № 4742.
November 16, 2017 Both Plaintiff and Defendant filed Case Management Statements.
November 27, 2017 An Order continuing Case Management Conference was filed. The Case Management Conference is now set to occur on June 13, 2018.
May 17, 2018 Defendant filed a Case Management Statement, which requested that the Case Management Conference be continued for six months pending the outcome of the Bakersfield Mall LLC litigation.
May 18, 2018 Plaintiff’s Case Management Statement was filed.
May 25, 2018 The Court ordered the Case Management Conference of June 13, 2018 to be continued to October 17, 2018.
September 21, 2018 A Case Management Statement was filed requesting the Court stay proceedings pending the outcome of the Franchise Tax Board Limited Liability Corporation Tax Refund Cases (Judicial Council Coordination Proceeding No. 4742).
September 28, 2018 The Case Management Conference scheduled for October 17, 2018 is continued to February 20, 2019.
February 6, 2019 The Order Continuing Case Management Conference was filed. The Case Management Conference is set for April 10, 2019.
February 6, 2019 Pursuant to a Stipulation by the parties, the May 2, 2017, order staying further proceedings in this case was vacated. The Defendants have thirty days to respond to Plaintiff’s First Amended Complaint.
February 6, 2019 Pursuant to a Stipulation by the parties, the May 2, 2017, order staying further proceedings in this case was vacated. The Defendants have thirty days to respond to Plaintiff’s First Amended Complaint.
March 22, 2019 Plaintiff filed a Case Management Statement.
March 26, 2019 A Stipulated Order permitting Plaintiff to file a Second Amended Complaint was filed.
March 27, 2019 An Order Continuing Case Management Conference was filed. The Case Management Conference is now scheduled to occur on June 12, 2019.
April 9, 2019 Plaintiff filed its Second Amended Complaint with a class action designation.
May 13, 2019 FTB filed its Demurrer to Plaintiff’s Second Amended Complaint, together with pleadings in support thereof.
May 22, 2019 The Case Management Conference scheduled to occur on June 12, 2019, is continued to July 24, 2019.
June 4, 2019 Plaintiff’s Opposition to FTB’s Demurrer to the Second Amended Complaint was filed together with pleadings in support thereof.
June 7, 2019 The FTB’s Demurrer to the Second Amended Complaint was overruled. FTB must file its Answer to the Second Amended Complaint within ten days.
July 9, 2019 Case Management Conference statements were filed by both Plaintiff and Defendant.
July 15, 2019 Plaintiff filed an application seeking a Complex Litigation designation for this case.
July 18, 2019 FTB filed its Answer to Plaintiff’s Second Amended Complaint.
July 26, 2019 Plaintiff’s Application for Complex Litigation designation was granted and the case has been assigned to Judge Teri L. Jackson for all purposes.
October 29, 2019 Case management conference.
December 2, 2019 General Order Re Case Reassignment.
December 12, 2019 Order Advancing January 10, 2020 Case Management Conference at 1:30 p.m. to January 10, 2020 at 10 a.m.
January 6, 2020 Parties filed Joint Case Management Statement.
January 10, 2020 Case management conference.
February 14, 2020 Order to consolidate actions of case CGC-19-576007 with CGC-16-554150.
May 26, 2020 Joint case management statement filed by plaintiff and on behalf of all others similarly situated.
November 17, 2020 Order Setting March 24, 2021 Case Management Conference.
November 17, 2020 Case Management Conference added to calendar.
February 3, 2021 Notice of Substitution of Counsel for FTB filed by FTB.
February 16, 2021 Application to Admit Counsel Pro Hac Vice/Notice of Application and Verified Application of John S. Jose for Pro Hac Vice Admission as Counsel filed by Plaintiff.
February 24, 2021 Order Granting Application to Appear as Counsel Pro Hac Vice for Attorney John S. Jose filed by Plaintiff.
February 25, 2021 Notice of Withdrawal of Counsel filed by Plaintiff.
March 11, 2021 Fee Paid on Stipulation to Continue Case Management Conference and Proposed Order filed by FTB.
March 11, 2021 Joint Case Management Conference Statement filed by FTB.
March 12, 2021 Order – Stipulation to Continue Case Management Conference and Order filed.
March 12, 2021 Complex Litigation – Case Management Conference of March 24, 2021 continued to September 8, 2021 at 9:00 a.m.
September 7, 2021 Order Continuing September 8, 2021 Case Management Conference filed.
September 7, 2021 Complex Litigation, Department 613, Case Management Conference of September 8, 2021 continued to December 7, 2021 at 10:00 a.m. in Department 613 pursuant to September 7, 2021 Order.
December 7, 2021 Minutes for December 7, 2021 filed
December 7, 2021 Order After Case Management Conference filed.
December 10, 2021 Case Management Conference of December 7, 2021 continued to March 8, 2022 at 10:00 a.m. in Department 613 per written order.
January 14, 2022 Stipulation Addressing Class Certification Schedule filed by Plaintiff.
February 14, 2022 Notice sent to Attorney John S. Jose to pay Pro Hac Vice renewal fee by March 23, 2022.
March 1, 2022 Order Regarding Class Certification Deadlines filed.
March 1, 2022 Joint Case Management Conference Statement filed by Plaintiff individually and on behalf of all others similarly situated.
March 4, 2022 Order After Review of Case Management Conference Statement filed.
March 4, 2022 Case Management Conference of March 8, 2022 continued to May 12, 2022 at 10:00 a.m. in Department 613 per Written Order Joint CMC Statement due May 5, 2022.
March 28, 2022 Pro Hac Vice Renewal Fee paid for Attorney John S. Jose.
March 28, 2022 Pro Hac Vice Renewal Calendar of March 23, 2022 is off calendar for John S. Jose.
May 5, 2022 Joint Case Management Conference Statement filed by Plaintiff and on behalf of all others similarly situated.
May 9, 2022 Case Management Conference of May 12, 2022 continued to May 17, 2022 at 11:00 a.m. in Dept. 613. Joint CMC Statement is due May 12, 2022.
May 12, 2022 Updated Joint Case Management Conference Statement filed by Plaintiff and on behalf of all others similarly situated.
May 16, 2022 Case Management Conference – Trial Courts, Advanced from May 17, 2022 to Case Management Conference – Trial Courts at May 17, 2022 10:00 a.m. in Dept. 613.
May 17, 2022 Order After Case Management Conference filed.
May 17, 2022 Case Management Conference of May 17, 2022 held. Continued to September 7, 2022 at 10:00 a.m. in Dept. 613.  Joint CMC Statement is due on August 31, 2022.
June 3, 2022 Stipulation Regarding Leave to Amend Complaints and Demurrer Briefing Schedule filed by Plaintiff.
June 13, 2022 Order Granting Stipulation Regarding Leave to Amend Complaints and Demurrer Briefing Schedule.
June 13, 2022 Case Management Conference of September 7, 2022 continued to October 19, 2022 at 10:30 a.m. in Department 613 per Written Order. Joint CMC Statement is due October 12, 2022.
June 30, 2022 Third Amended Complaint filed by Plaintiff.
July 6, 2022 First Amended Complaint, Class Action filed by Plaintiff.
September 7, 2022 Demurrer to 3rd Amended Complaint of Plaintiff Pro Hac Vice Status Calendar as to Attorney John S. Jose – Off Calendar, Renewal Fees paid on February 16, 2024. Media, LLC filed by FTB. Hearing set for October 19, 2022 at 10:30 a.m. in Department 613.
September 7, 2022 Notice of Hearing on Demurrer to 3rd Amended Complaint of Plaintiff Bahl Media, LLC filed by FTB.
September 7, 2022 Memorandum of Points and Authorities in Support of Demurrer to 3rd Amended Complaint of Plaintiff Bahl Media, LLC filed by FTB.
September 7, 2022 Request for Judicial Notice in Support of Demurrer to 3rd Amended Complaint of Plaintiff Bahl Media, LLC filed by FTB.
September 7, 2022 Declaration of Karen W. Yiu under Code of Civil Procedure Section 430.41, Subdivision (A)(3) in Support of Demurrer to 3rd Amended Complaint of Plaintiff Bahl Media, LLC filed by FTB.
September 7, 2022 Proof of Service by Electronic Mail/Declaration of Service by E-Mail filed by FTB.
September 7, 2022 Demurrer to 1st Amended Complaint of Wein Realty, LLC filed by FTB. (Consolidated Case). Hearing is set for October 19, 2022 at 10:30 a.m. in Department 613.
September 7, 2022 Notice of Hearing on Demurrer to 1st Amended Complaint of Wein Realty, LLC filed by FTB.
September 7, 2022 Memorandum of Points and Authorities in Support of Demurrer to 1st Amended Complaint of Wein Realty, LLC filed by FTB.
September 7, 2022 Request for Judicial Notice in Support of Demurrer to 1st Amended Complaint of Wein Realty, LLC filed by FTB.
September 7, 2022 Declaration of Karen W. Yiu under Code of Civil Procedure Section 430.41, Subdivision (A)(3) in Support of Demurrer to 1st Amended Complaint of Wein Realty, LLC filed by FTB.
September 7, 2022 Proof of Service by Electronic Mail/Declaration of Service by E-Mail filed by FTB.
September 7, 2022 Motion to Strike 3rd Amended Complaint/Notice of Motion & Motion to Strike Bahl Media, LLC's 3rd Amended Complaint, filed by FTB. Hearing is set for October 19, 2022 at 10:30 a.m. in Department 613.
September 7, 2022 Notice of Hearing on Motion to Strike Bahl Media, LLC's 3rd Amended Complaint filed by FTB.
September 7, 2022 Memorandum of Points and Authorities in Support of Motion to Strike Bahl Media, LLC's 3rd Amended Complaint filed by FTB.
September 7, 2022 Request for Judicial Notice in Support of Motion to Strike Bahl Media, LLC's 3rd Amended Complaint filed by FTB.
September 7, 2022 Declaration of Karen W. Yiu Under Code of Civil Procedure Section 435.5, Subdivision (A)(3), in Support of Motion to Strike Bahl Media, LLC's 3rd Amended Complaint filed by FTB.
September 7, 2022 Proof of Service by Electronic Mail/Declaration of Service by E-Mail, filed by FTB.
September 7, 2022 Motion to Strike 1st Amended Complaint/Notice of Motion & Motion to Strike Wein Realty, LLC's 1st Amended Complaint filed by FTB. Hearing is set for October 19, 2022 at 10:30 a.m. in Department 613.
September 7, 2022 Notice of Hearing on Motion to Strike Wein Realty, LLC's 1st Amended Complaint filed by FTB.
September 7, 2022 Memorandum of Points and Authorities in Support of Motion to Strike Wein Realty, LLC's 1st Amended Complaint filed by FTB.
September 7, 2022 Declaration of Karen W. Yiu Under Code of Civil Procedure Section 435.5, Subdivision (A)(3), in Support of Motion to Strike Wein Realty, LLC's 1st Amended Complaint filed by FTB.
September 7, 2022 Proof of Service by Electronic Mail/Declaration of Service by E-Mail filed by FTB.
September 20, 2022 Opposition to Demurrer filed by Plaintiff Bahl Media, LLC, Individually and on behalf of all others similarly situated.
September 20, 2022 Opposition to Demurrer filed by Plaintiff Wein Realty, LLC, Individually and on behalf of all others similarly situated.
September 20, 2022 Opposition to Motion to Strike filed by Plaintiff Bahl Media, LLC, Individually and on behalf of all others similarly situated.
September 20, 2022 Opposition to Motion to Strike filed by Plaintiff Wein Realty, LLC, Individually and on behalf of all others similarly situated.
September 20, 2022 Proof of Service by Electronic Mail filed by Plaintiffs Wein Realty, LLC and Bahl Media, LLC, Individually and on behalf of all others similarly situated.
September 20, 2022 Request for Judicial Notice in Support of Oppositions to Demurrers filed by Plaintiffs Wein Realty, LLC and Bahl Media, LLC, Individually and on behalf of all others similarly situated.
September 30, 2022 Reply to Opposition to Demurrer to Plaintiff Bahl Media, LLC's Third Amended Complaint, filed by FTB.
September 30, 2022 Reply to Opposition to Demurrer to Plaintiff Wein Realty's 1st Amended Complaint, filed by FTB.
September 30, 2022 Reply Brief in Support of Motion to Strike Plaintiff Bahl Media, LLC's 3rd Amended Complaint, filed by FTB.
September 30, 2022 Reply Brief in Support of Motion to Strike Plaintiff Wein Realty, LLC's 1st Amended Complaint, filed by FTB.
September 30, 2022 Proof of Service by Electronic Mail/Declaration of Service by E-Mail, filed by FTB.
October 12, 2022 Joint Case Management Conference Statement, filed by Plaintiff Bahl Media, LLC, individually and on behalf of all others similarly situated.
October 19, 2022 Case Management Conference of October 19, 2022 held. Continued to February 6, 2023 at 3:00 p.m. in Department 613 per Order of Count. Joint Case Management Conference Statement due February 1, 2023.
October 19, 2022 Complex Litigation Matter on October 19, 2022, Defendant's Demurrer to Wein Realty, LLC's 1st Amended Complaint Argued and Submitted. Proposed Orders due October 25, 2022. Matter will be deemed taken under submission on October 25, 2022 by Andrew Y.S. Cheng.
October 19, 2022 Complex Litigation Matter on October 19, 2022, Defendant's Demurrer to Bahl Media, LLC's 3rd Amended Complaint Argued and Submitted. Proposed Orders due October 25, 2022. Matter will be deemed taken under submission on October 25, 2022 by Andrew Y.S. Cheng.
October 19, 2022 Complex Litigation Matter on October 19, 2022, Motion to Strike Bahl Media, LLC's 3rd Amended Complaint Argued and Submitted. Proposed Orders due October 25, 2022. Matter will be deemed taken under submission on October 25, 2022 by Andrew Y.S. Cheng.
October 19, 2022 Complex Litigation Matter on October 19, 2022, Motion to Strike Wein Realty, LLC's 1st Amended Complaint Argued and Submitted. Proposed Orders due October 25, 2022. Matter will be deemed taken under submission on October 25, 2022 by Andrew Y.S. Cheng.
October 19, 2022 Order After October 19, 2022 Case Management Conference filed.
October 31, 2022 Stipulation Regarding Briefing Schedule for Motion for Class Certification filed by Plaintiffs.
November 1, 2022 Order Regarding Briefing Schedule on Plaintiffs' Motion for Class Certification.
November 4, 2022 Order (1) Overruling FTB's Demurrer to Plaintiff Bahl Media LLC's 3rd Amended Complaint; (2) Overruling FTB's Demurrer to Plaintiff Wein Realty, LLC's 1st Amended Complaint; (3) Denying FTB's Motion to Strike Plaintiff Bahl Media LLC's 3rd Amended Complaint; and (4) Denying FTB's Motion to Strike Plaintiff Wein Realty, LLC's 1st Amended Complaint.
November 4, 2022 Complex Litigation Motion Calendar on October 19, 2022 in Department 613, FTB's Demurrer to 3rd Amended Complaint overruled, pursuant to written Order.
November 4, 2022 Complex Litigation Motion Calendar on October 19, 2022 in Department 613, FTB's Demurrer to 1st Amended Complaint overruled, pursuant to written Order.
November 4, 2022 Complex Litigation Motion Calendar on October 19, 2022 in Department 613, FTB's Motion to Strike 3rd Amended Complaint denied pursuant to written Order.
November 4, 2022 Complex Litigation Motion Calendar on October 19, 2022 in Department 613, FTB's Motion to Strike 1st Amended Complaint denied pursuant to written Order.
November 7, 2022 Notice of Entry of Order/Notice of Ruling filed by Plaintiffs.
November 7, 2022 Proof of Service filed by FTB.
November 14, 2022 Answer to 3rd Amended Complaint filed by FTB.
November 14, 2022 Answer to 1st Amended Complaint filed by FTB.
December 9, 2022 Stipulation Regarding Revised Briefing Schedule for Plaintiffs' Motion for Class Certification filed by Plaintiff.
December 12, 2022 Order Regarding Revised Briefing Schedule on Plaintiffs' Motion for Class Certification.
January 27, 2023 Order Regarding Revised Briefing Schedule on Plaintiffs' Motion for Class Certification.
February 1, 2023 Case Management Conference – Trial Courts, advanced from February 6, 2023 to Case Management Conference – Trial Courts on February 6, 2023 10:00 a.m. in Department 613 by Court. Parties notified via email.
February 6, 2023 Minutes for February 6, 2023 filed.
February 6, 2023 Order After February 6, 2023 Case Management Conference filed.
February 6, 2023 Case Management Conference of February 6, 2023 held. Continued to May 18, 2023 at 9:00 a.m. in Department 613 per written order. Joint CMC Statement due May 11, 2023.
February 15, 2023 Notice sent to attorney John S. Jose to pay Pro Hac Vice renewal fee by March 22, 2023.
February 24, 2023 Order regarding Revised Briefing Schedule for Plaintiffs' Motion for Class Certification.
February 27, 2023 Pro Hac Vice Renewal Fee paid for Attorney John S. Jose.
March 28, 2023 March 22, 2023 Pro Hac Vice Status Calendar as to Attorney John S. Jose – Off Calendar, Renewal Fees paid on February 27, 2023.
April 18, 2023 Notice of Change of Assigned Counsel for FTB filed by FTB.
May 10, 2023 Case Management Conference of May 18, 2023 continued to July 11, 2023 at 11:00 a.m. in Department 613 by Court. Joint Case Management Conference Statement due July 3, 2023. Parties notified via email.
May 19, 2023 Stipulation to Continue Briefing Schedule and Hearing on Plaintiff's Motion for Class Certification and Filing Fee Paid for Proposed Order filed by FTB.
June 14, 2023 Order Continuing Briefing Schedule and Hearing on Plaintiff's Motion for Class Certification Pursuant to Stipulation filed.
June 29, 2023 Stipulation Regarding Revised Briefing Schedule for Motion for Class Certification filed by Plaintiff.
July 3, 2023 Joint Case Management Conference Statement filed by FTB.
July 17, 2023 Order Regarding Briefing Schedule on Plaintiff's Motion for Class Certification.
July 21, 2023 Motion/Notice of Motion & Motion for Class Certification filed by Plaintiff.
July 21, 2023 Memorandum of Points and Authorities in Support of Motion for Class Certification filed by Plaintiff.
July 21, 2023 Proof of Service filed by Plaintiff.
July 21, 2023 Declaration of Max Wein filed by Plaintiff.
July 21, 2023 Declaration of Penny Bailey filed by Plaintiff.
July 21, 2023 Declaration of Kathleen V. Fisher filed by Plaintiff.
July 21, 2023 Declaration of Andrew Thomas Sinclair filed by Plaintiff.
July 21, 2023 Declaration of Alexander M. Freeman filed by Plaintiff.
July 25, 2023 Order Granting Stipulation Regarding Leave to Amend Complaints.
July 28, 2023 4th Amended Complaint filed by Plaintiff, Bahl Media, LLC, Individually and on Behalf of All Others Similarly Situated.
July 28, 2023 2nd Amended Complaint filed by Plaintiff Wein Realty, LLC Individually and on Behalf of All Others Similarly Situated. (CGC-19-576007).
September 8, 2023 Stipulation to Continue Briefing Schedule and Hearing on Plaintiff's Motion for Class Certification and Filing Fee Paid for Proposed Order filed by FTB.
September 11, 2023 Case Management Conference of November 3, 2023 Continued to November 16, 2023 at 10:30 a.m. in Department 613 per Written Order.
September 11, 2023 Order Continuing Briefing Schedule and Hearing on Plaintiffs Motion for Class Certification Pursuant to Stipulation filed.
October 10, 2023 Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Class Certification filed by FTB.
October 10, 2023 Declaration of Hien Tham in Support of FTB's Opposition to Plaintiffs' Motion for Class Certification filed by FTB.
October 10, 2023 Declaration of Amelia White in Support of FTB's Opposition to Plaintiffs' Motion for Class Certification filed by FTB.
October 10, 2023 Declaration of Megan Karnesky in Support of FTB's Opposition to Plaintiffs' Motion for Class Certification filed by FTB.
October 10, 2023 Declaration of Karen W. Yiu in Support of FTB's Opposition to Plaintiffs' Motion for Class Certification filed by FTB.
October 10, 2023 Declaration of Service by Email for Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Class Certification, Etc. filed by FTB.
October 27, 2023 Reply in Support of Motion for Class Certification filed by Plaintiffs.
October 27, 2023 Supplemental Declaration of Amy L. Silverstein in Support of Plaintiffs' Motion for Class Certification filed by Plaintiffs.
October 27, 2023 Request for Judicial Notice in Support of Plaintiffs' Motion for Class Certification filed by Plaintiffs.
October 27, 2023 Proof of Service Re: Reply; Supplemental Declaration of Amy L. Silverstein; Request for Judicial Notice in Support of Plaintiffs' Motion for Class Certification filed by Plaintiffs.
November 9, 2023 Joint Case Management Conference Statement filed by Plaintiffs.
November 13, 2023 Notice of Change of Firm Name filed by Attorney Freeman, Alexander M.
November 13, 2023 Proof of Service Re: Notice of Change of Firm Name filed by Plaintiffs.
November 14, 2023 Notice of Report Appearance filed by FTB.
November 17, 2023 Notice of Unavailability of Yiu, Karen W. on November 20, 2023 through December 15, 2023 filed by FTB.
November 30, 2023 Order Re: Motion for Class Certification filed.
November 30, 2023 Complex Litigation Calendar set for November 16, 2023 – Motion for Class Certification continued to January 24, 2024 at 10:30 a.m. in Department 613 per Written Order.
November 30, 2023 Case Management Conference of November 16, 2023 continued to January 24, 2024 at 10:30 a.m. in Department 613 by Court. Joint CMC Statement due January 17, 2024.
December 1, 2023 Order Setting Case Management Conference filed.
December 15, 2023 Supplemental Declaration of Max Wein filed by Plaintiffs.
December 15, 2023 Supplemental Declaration of Penny Bailey filed by Plaintiffs.
December 15, 2023 Proof of Service Regarding Supplemental Declarations of Max Wein and Penny Bailey filed by Plaintiffs.
December 15, 2023 Notice of Kathleen V. Fisher, Andrew Thomas Sinclair and Rodney J. Jacob Change of Status Regarding Calvo Jacob and Pangelinan LLP filed by Plaintiffs.
December 15, 2023 Proof of Service Regarding Notice of Kathleen V. Fisher, Andrew Thomas Sinclair and Rodney J. Jacob Change of Status Regarding Calvo Jacob and Pangelinan LLP filed by Plaintiffs.
January 3, 2024 Consolidated Special Interrogatories, Set Three filed by Plaintiffs.
January 3, 2024 Plaintiffs' Consolidated Third Set of Requests for Production to FTB filed by Plaintiffs.
January 3, 2024 Proof of Service filed by Plaintiffs.
January 12, 2024 Notice sent to Attorney John S. Jose to pay Pro Hac Vice Renewal fee by February 28, 2024.
January 17, 2024 Joint Case Management Conference Statement filed by Plaintiffs.
January 24, 2024 Case Management Conference – Hearing Held. The Court sets the next Case Management Conference for April 24, 2024 at 9:30 a.m. in Department 613 per forthcoming Case Management Order.
January 24, 2024 Complex Litigation – Plaintiffs' Motion for Class Certification argued, and the Court takes the matter under submission.
January 25, 2024 Order after January 24, 2024 Case Management Conference filed.
January 25, 2024 Plaintiffs' Motion for Class Certification taken under submission on January 24, 2024 is granted.
January 25, 2024 Order granting Plaintiffs' Motion for Class Certification is filed.
February 16, 2024 Pro Hac Vice Renewal Fee paid for Attorney John S. Jose.
February 28, 2024 February 28, 2024 Pro Hac Vice Status Calendar as to Attorney John S. Jose – Off Calendar, Renewal Fees paid on February 16, 2024.
February 29, 2024 Stipulation Regarding Notice Procedures filed by Plaintiffs.
March 6, 2024 Order Regarding Notice Procedures filed.
Filed
04/25/07
Courts
San Francisco Superior Court Case № CGC-07-462728
Taxpayer’s Counsel
Amy L. Silverstein, Esq., Silverstein & Pomerantz, LLP
FTB’s Counsel
Laura E. Robbins
Contact
Ray Rouse
Year
2000 – 2004
Amount
Tax
$56,537.00

Issues:

  1. Whether the LLC fee imposed on an LLC doing business entirely within California by Rev. & Tax. Code §17942 is unconstitutional under the Due Process, Equal Protection and Commerce clauses of the U.S. Constitution.
  2. Whether Rev. & Tax. Code §17942 violates Article XIII, section 26 of the California Constitution.
  3. Whether Rev. & Tax. Code §17942 constitutes an invalid exercise of state police power and is void.

Status:

Date Status
June 26, 2012 FTB caused a Notice of Related Case to be filed in this action and also with the Fresno County Superior Court and Judicial Council advising that this case was substantially similar to CA-Centerside LLC v. Franchise Tax Board and proposing that the two cases be coordinated.
January 29, 2013 A Hearing on the Motion to Coordinate the two cases was held, and the matter was taken under submission.
January 30, 2013 The Petition to Coordinate was granted. Please refer to the status summary for FTB LLC Tax Refund Cases Judicial Council Coordination Proceeding № 4742.
Filed
July 20, 2022
Court
Fresno County Superior Court, Case No. 22CECG02165
Taxpayer’s Counsel
In Pro Per
FTB’s Counsel
Michael Sapoznikow
Contact
Renel Sapiandante
Years
2009, 2010, 2011
Amount
Approximately $945,012.00

Issues:

  1. Whether treasury gross receipts are included in the sales factor and if they are distortive with its inclusions?
Date Status:
July 15, 2022 Civil Complaint filed.
July 15, 2022 Civil Case Cover Sheet filed.
July 20, 2022 Summons issued and filed.
July 20, 2022 Notice of Case Management Conference and Assignment of Judge for All Purposes filed. CMC scheduled for November 9, 2022 at 3:30 p.m.
July 27, 2022 Proof of Service filed by FTB.
July 27, 2022 Summons and Complaint served on July 26, 2022.
September 9, 2022 Answer to Verified Complaint for Refund of Taxes filed by FTB.
October 4, 2022 Notice of Application and Application of Eric S. Tresh and Laurin E. McDonald to Appear as Counsel Pro Hac Vice Behalf of Plaintiff Bed Bath & Beyond Inc.
October 4, 2022 Verified Application of Eric S. Tresh to Appear as Counsel Pro Hac Vice on Behalf of Plaintiff.
October 4, 2022 Verified Application of Laurin E McDonald to Appear as Counsel Pro Hac Vice on Behalf of Plaintiff Bed Bath & Beyond Inc.
October 4, 2022 Order received for signature.
October 4, 2022 Proof of Service re: Notice of Application for Pro Hac Vice and supporting documents.
October 21, 2022 Designation of Attorney - Within Law Firm.
October 21, 2022 Defendant's Case Management Statement Filed.
November 8, 2022 Motion – Pro Hac Vice Motion.
November 8, 2022 Minute Order Attachment (Tentative Rulings Only).
November 9, 2022 Case Management Conference was heard at 3:30 p.m.
November 9, 2022 Minute Order Attached.
November 9, 2022 Remote Appearance via Court call. Attorney C. Rust appearing on behalf of Michal Sapoznikow.
December 7, 2022 Amended Verified Application of Eric S. Tresh to Appear as Counsel Pro Hac Vice filed.
December 7, 2022 Amended Verified Application of Laurin E. McDonald to Appear as Counsel Pro Hac Vice filed.
December 14, 2022 Pro Hac Vice Motions filed.
December 14, 2022 Minute Order filed.
December 14, 2022 Order granting Plaintiff's Application to Admit Eric S. Tresh and Laurin E. McDonald as Counsel Pro Hac Vice.
February 14, 2023 ADR Stipulation Mediation filed by FTB.
February 14, 2023 Association of Attorney filed by FTB.
March 1, 2023 Order to Show Cause – ADR Stipulation off Calendar.
March 9, 2023 Joint Ex Parte Application filed to Continue Trial Date.
March 9, 2023 Stipulation filed, scheduling for filing Briefs for the Summary Judgment Hearing October 12, 2023.
March 9, 2023 Order signed and forwarded to Clerk's Office for further processing.
March 13, 2023 Order filed to continue Trial to March 20, 2024.
July 3, 2023 Ex Parte Application to Stay Summary Judgment Deadlines due to Plaintiff's Bankruptcy; Declaration of Michael Sapoznikow filed.
July 3, 2023 Notice of Remote Appearance filed by FTB for hearing on July 6, 2023.
July 3, 2023 Order received for signature.
July 3, 2023 Order Regarding Remote Appearance granted.
July 6, 2023 Ex Parte Hearing heard.
July 6, 2023 Minute Order filed.
October 12, 2023 Summary Judgment cancelled and off Calendar.
November 20, 2023 Notice of Report Appearance requested – Zoom.
November 20, 2023 Notice of Motion to be Relieved as Counsel.
November 20, 2023 Declaration Re: Motion to be Relieved as Counsel for January 3, 2024.
November 20, 2023 Order Received for Signature – Pending Hearing.
November 20, 2023 Proof of Service of Motion and Related Documents.
November 22, 2023 Chambers Work – Notice of Report Appearance submitted for Consideration.
December 4, 2023 Order Regarding Remote Appearance Granted.
December 19, 2023 Defendant's Response to Plaintiff's Motion to be Relieved as Counsel filed.
December 29, 2023 Notice of Remote Appearance filed.
January 2, 2024 Order Regarding Remote Appearance granted.
January 3, 2024 Motion filed – Withdrawal of Plaintiff's Attorney.
January 3, 2024 Minute Order to Withdrawal Attorney filed.
January 3, 2024 Remote Appearance via Zoom.
January 3, 2024 Order Granting Motion to be Relieved as Counsel.
January 11, 2024 Proof of Service regarding Order Granting Attorney's Motion to be Relieved as Counsel filed.
January 22, 2024 FTB's Notice of Motion and Motion to Dismiss filed.
January 22, 2024 FTB's Notice of Motion and Motion to Continue Trial filed.
January 30, 2024 Notice of Trustee Service filed by FTB.
February 5, 2024 Notice of Remote Appearance filed by FTB.
February 7, 2024 Order Regarding Remote Appearance Granted.
February 22, 2024 Motion to Continue Trial was heard. Court Trial scheduled for March 20, 2024 at 8:30 a.m.
February 22, 2024 Minute Order filed.
March 20, 2024 Court Trial Hearing at 8:30 a.m.
Filed
02/04/10
Courts
Fresno Superior Court Case № 10CECG00434
FTB LLC Tax Refund Cases Judicial Council Coordination Proceeding № 4742
Taxpayer’s Counsel
Amy L. Silverstein, Esq., Silverstein & Pomerantz, LLP
FTB’s Counsel
Laura E. Robbins
Contact
Ray Rouse
Year
2000 – 2005
Amount
Tax:
$65,201.00

Issues:

  1. Whether the LLC fee imposed on an LLC doing business entirely within California by Rev. & Tax. Code §17942 is unconstitutional under the Due Process, Equal Protection and Commerce clauses of the Constitution of the United States of America.
  2. Whether Rev. & Tax. Code §17942 violates Article XIII, section 26, of the California Constitution.
  3. Whether Rev. & Tax. Code §17942 constitutes an invalid exercise of state police power and is void.

Status:

Date Status
January 30, 2013 FTB’s Petition to Coordinate this case with Bakersfield Mall LLC v. Franchise Tax Board was granted. Please refer to the status summary for FTB LLC Tax Refund Cases Judicial Council Coordination Proceeding № 4742.
Filed
August 16, 2021
Court
Los Angeles County Superior Court, Case № 21STCV30184
Court of Appeal Second Appellate District, Case № B335789
Taxpayer’s Counsel
Denis W. Retoske
FTB’s Counsel
Anna Barsegyan
Contact
Scott DePeel
Year
2009
Amount
$546,764.04

Issues:

  1. Whether the shares of stock in Sierra Monolithics, Inc. (SMI) sold in 2009 qualify as Qualified Small Business Stock (QSBS) and are allowed the $5,000,000 exclusion as reported on Schedule D?

Status:

Date Status
August 16, 2021 Complaint filed by Plaintiff.
August 16, 2021 Summons (on Complaint) filed by Plaintiff.
August 16, 2021 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
August 17, 2021 Notice of Case Management Conference (January 20, 2022 at 8:30 a.m.) filed by Clerk.
August 18, 2021 Civil Case Cover Sheet filed by Plaintiff.
October 8, 2021 Answer filed by FTB.
January 4, 2022 Case Management Statement filed by Plaintiff.
January 5, 2022 Case Management Statement filed by FTB.
January 20, 2022 Minute Order (Case Management Conference) filed by Clerk.
July 27, 2022 FTB's Ex Parte Application for An Order to Continue the Trial Date Based Upon a Stipulation by the Parties Due to the Resignation of FTB's Counsel filed by FTB.
July 29, 2022 Order on FTB's Ex Parte Application for an Order to Continue the Trial Date Based Upon a Stipulation by the Parties Due to the Resignation of FTB's Counsel filed by FTB.
July 29, 2022 Minute Order (Hearing on Ex Parte Application) filed by Clerk.
March 27, 2023 Stipulation and Order to Continue Trial Date and Trial-Related Deadlines filed by FTB.
March 27, 2023 Minute Order (Court Order) filed by Clerk.
March 27, 2023 Certificate of Mailing for Court Order of March 27, 2023 filed by Clerk.
June 30, 2023 Substitution of Attorney filed by Plaintiff.
July 5, 2023 Notice (of Change in Counsel for FTB), filed by FTB.
July 10, 2023 Motion for Summary Judgment filed by FTB.
July 10, 2023 Request for Judicial Notice filed by FTB.
July 10, 2023 Separate Statement filed by FTB.
July 10, 2023 Declaration of Anna Barsegyan in Support filed by FTB.
July 10, 2023 Declaration of Kaveh Farahmand in Support filed by FTB.
July 10, 2023 Evidence in Support of FTB's Motion for Summary Judgment filed by FTB.
July 21, 2023 Ex Parte Application for Leave to Hear His Motion for Summary Judgment 15 Days Before Trial filed by Plaintiff.
July 21, 2023 Notice of Plaintiff's Ex Parte Application for Leave to Hear His Motion for Summary Judgment 15 Days Before Trial filed by Plaintiff.
July 21, 2023 Declaration in Support of Ex Parte Application filed by Plaintiff.
July 21, 2023 FTB's Opposition to Plaintiff's Ex Parte Application for Leave to Hear His Motion for Summary Judgment 15 Days Before Trial filed by FTB.
July 24, 2023 Minute Order on Ex Parte Hearing filed by Clerk.
July 24, 2023 Certificate of Mailing for Hearing on Ex Parte filed by Clerk.
July 28, 2023 Motion for Summary Judgment filed by Plaintiff.
July 28, 2023 Memorandum of Points & Authorities filed by Plaintiff.
July 28, 2023 Request for Judicial Notice filed by Plaintiff.
July 28, 2023 Separate Statement filed by Plaintiff.
July 28, 2023 Notice (Compendium of Evidence in Support of Plaintiff's Motion for Summary Judgment) filed by Plaintiff.
July 28, 2023 Declaration of Charles Harper in Support of Motion for Summary Judgment filed by Plaintiff.
August 1, 2023 Declaration in Support of Ex Parte Application filed by Plaintiff.
August 1, 2023 Notice of Plaintiff's Ex Parte Application to Specially Set a Hearing Date for Plaintiff's Motion for Summary Judgment filed by Plaintiff as to FTB.
August 1, 2023 Ex Parte Application to Specially Set a Hearing Date for Plaintiff's Motion for Summary Judgment filed by Plaintiff as to FTB.
August 2, 2023 FTB's Opposition to Plaintiff's Ex Parte Application to Specially Set a Hearing Date for Plaintiff's Motion for Summary Judgment filed by FTB.
August 2, 2023 Hearing on Ex Parte Application to Specially Set a Hearing Date for Plaintiff's Motion for Summary Judgment scheduled for August 3, 2023 at 8:30 a.m. in Department 45.
August 3, 2023 On the Court's own Motion, Non-Jury Trial scheduled for November 13, 2023 at 9:00 a.m. in Department 45 not held, Continued – Court's Motion was rescheduled to January 29, 2024 at 9:00 a.m.
August 3, 2023 On the Court's own Motion, Mandatory Settlement Conference scheduled for November 2, 2023 at 9:00 a.m. in Department 45 not held, Continued – Court's Motion was rescheduled to January 18, 2024 at 9:00 a.m.
August 3, 2023 On the Court's own Motion, Final Status Conference scheduled for November 2, 2023 at 9:00 a.m. in Department 45 not held, Continued – Court's Motion was rescheduled to January 18, 2024 at 9:00 a.m.
August 3, 2023 Pursuant to the request of Plaintiff, Hearing on Motion for Summary Judgment scheduled for September 19, 2024 at 8:30 a.m. in Department 45 not held – Advanced and Continued - by Court was rescheduled to November 9, 2023.
August 3, 2023 Hearing on Ex Parte Application to Specially Set a Hearing Date for Plaintiff's Motion for Summary Judgment scheduled for August 3, 2023 at 8:30 a.m. in Department 45 updated, result date to August 3, 2023; result type to be Held – Motion Granted.
August 3, 2023 Minute Order (Hearing on Ex Parte Application to Specially Set a Hearing Date) filed by Clerk.
August 3, 2023 Motion Re: Amended Notice of Motion and Motion for Summary Judgment filed by Plaintiff.
August 3, 2023 Amended Notice of Motion and Motion for Summary Judgment filed by Plaintiff.
August 3, 2023 Non-Jury Trial scheduled for January 29, 2024 at 9:00 a.m. in Department 45.
August 3, 2023 Mandatory Settlement Conference scheduled for January 18, 2024 at 9:00 a.m. in Department 45.
August 3, 2023 Final Status Conference scheduled for January 18, 2024 at 9:00 a.m. in Department 45.
August 3, 2023 Hearing on Motion for Summary Judgment scheduled for January 9, 2024 at 8:30 a.m. in Department 45.
August 3, 2023 Order Granting Plaintiff's Ex Parte Application to Specially Set a Hearing Date for Plaintiff's Motion for Summary Judgment filed by Plaintiff as to FTB.
August 3, 2023 Updated – Ex Parte Application to Specially Set a Hearing Date for Plaintiff's Motion for Summary Judgment filed by Plaintiff; result: Granted, result date August 3, 2023.
August 4, 2023 Updated - Motion Re: Amended Notice of Motion and Motion for Summary Judgment: Document changed from Notice (name extension) to Motion Re: (name extension); as to Parties.
August 4, 2023 Updated - Motion Re: Amended Notice of Motion and Motion for Summary Judgment: Document changed from Notice of Motion to Notice (name extension); as to Parties.
August 28, 2023 Updated – Anna Barsegyan (Attorney): First name changed from Van-Dzung to Anna; last name changed from Nguyen to Barsegyan.
August 28, 2023 Address for Van-Dzung Nguyen (Attorney) updated.
September 7, 2023 Pursuant to the Request of Moving Party, Hearing on Motion to be Admitted Pro Hac Vice scheduled for September 20, 2023 at 8:30 a.m. in Department 45 – Not held – Rescheduled by Party to November 8, 2023 at 8:30 a.m.
September 8, 2023 Application to be Admitted Pro Hac Vice filed by Plaintiff.
September 14, 2023 Opposition to FTB's Motion for Summary Judgment filed by Plaintiff.
September 14, 2023 Proof of Service (Not Summons and Complaint) filed by Plaintiff.
September 14, 2023 Declaration of Charles Harper in Support of Plaintiff's Opposition to FTB"s Motion for Summary Judgment filed by Plaintiff.
September 14, 2023 Notice (Compendium of Evidence in Support of Plaintiff's Opposition to FTB's Motion for Summary Judgment) filed by Plaintiff.
September 14, 2023 Separate Statement filed by Plaintiff.
September 21, 2023 Reply (FTB's Reply in Support of Motion for Summary Judgment to Complaint) filed by FTB.
September 21, 2023 Objection (FTB's Objections to Declaration of Charles Harper in Support of Plaintiff's Opposition to FTB's Motion for Summary Judgment; Proposed Order) filed by FTB.
September 27, 2023 On the Court's own Motion, Hearing on Motion for Summary Judgment scheduled for September 28, 2023 at 8:30 a.m. in Department 45 – Not held – Advanced and Continued by Court – Rescheduled to October 25, 2023 at 8:30 a.m.
September 27, 2023 Notice Regarding Continuance of Hearing and Order filed by Clerk.
October 24, 2023 Stipulation and Order (Joint Stipulation and Proposed Order Consolidating the Parties' Motion for Summary Judgment Hearings to be heard on November 9, 2023 at 8:30 a.m.) filed by Plaintiff.
October 24, 2023 Minute Order (Court Order Re: Joint Stipulation and Consolidation) filed by Clerk.
October 24, 2023 Certificate of Mailing for Court Order Re: Joint Stipulation and Consolidation filed by Clerk.
October 24, 2023 Minute Order (Nunc Pro Tunc Order) filed by Clerk.
October 24, 2023 Pursuant to written Stipulation, Hearing on Motion for Summary Judgment scheduled for October 25, 2023 at 8:30 a.m. was continued to November 9, 2023 at 8:30 a.m.
October 26, 2023 FTB's Opposition to Plaintiff's Motion for Summary Judgment filed by FTB.
October 26, 2023 Affidavit (Evidence in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment) filed by FTB.
October 26, 2023 Declaration of Anna Barsegyan in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment) filed by FTB.
October 26, 2023 Declaration of Kaveh Farahmand in Support of FTB's Opposition to Plaintiff's Motion for Summary Judgment) filed by FTB.
October 26, 2023 Request for Judicial Notice filed by FTB.
October 26, 2023 FTB's Objections to Declaration of Charles Harper in Support of Motion for Summary Judgment filed by FTB.
October 26, 2023 Separate Statement filed by FTB.
November 3, 2023 Response (Plaintiff’s Response to Defendant’s Objections to Declaration of Charles Harper in Support of Plaintiff’s Motion for Summary Judgment) filed by Plaintiff.
November 3, 2023 Reply (Plaintiff’s Reply in Support of Motion for Summary Judgment) filed by Plaintiff.
November 3, 2023 Proof of Service (not Summons and Complaint) filed by Plaintiff.
November 3, 2023 Separate Statement filed by Plaintiff.
November 7, 2023 Notice Re: Continuance of Hearing and Order filed by Clerk.
November 8, 2023 Order (Re: Ruling on Application for Pro Hac Vice Admissions of Christina E. Kurow to Appear as Counsel for Plaintiff) filed by Clerk.
November 8, 2023 Minute Order (Hearing on Motion to be Admitted Pro Hac Vice) filed by Clerk.
November 14, 2023 Stipulation and Order to Use Certified Shorthand Reporter filed by FTB.
November 14, 2023 Minute Order (Hearing on Motion for Summary Judgment filed by Plaintiff) filed by Clerk.
November 20, 2023 Minute Order (Ruling on Submitted Matter) filed by Clerk.
November 14, 2023 Certificate of Mailing for Ruling on Submitted Matter of November 20, 2023 filed by Clerk.
November 14, 2023 Order Re: Ruling on Motion for Summary Judgment of FTB and Motion for Summary Judgment of Plaintiff.
November 22, 2023 Notice of Ruling filed by FTB.
December 21, 2023 Non-Appearance Case Review Pro Hac Vice Renewal Fee for Attorney Christina Kurow scheduled for November 7, 2024 at 1:30 p.m. – Not held, vacated by Court on December 21, 2023.
December 21, 2023 Non-Jury scheduled for January 29, 2024 at 9:00 a.m. – Not held, vacated by Court on December 21, 2023.
December 21, 2023 Mandatory Settlement Conference scheduled for January 18, 2024 at 9:00 a.m. – Not held, vacated by Court on December 21, 2023.
December 21, 2023 Final Status Conference scheduled for January 18, 2024 at 9:00 a.m. – Not held, vacated by Court on December 21, 2023.
December 21, 2023 Judgment filed by FTB.
December 21, 2023 Minute Order (Court Order) filed by Clerk.
December 21, 2023 Certificate of Mailing for Court Order of December 21, 2023 filed by Clerk.
December 21, 2023 Notice of Entry of Judgment/Dismissal/Other Order filed by Clerk.
December 21, 2023 Court Orders Judgment entered for FTB against Plaintiff on the Complaint filed by Charles Harper on August 16, 2021 for a total of $0.00. Cost to be determined per filing of Memorandum of Costs.
December 22, 2023 Notice of Entry of Judgment on Plaintiff's Complaint for Refund of Personal Income filed by FTB.
January 4, 2024 Memorandum of Costs (Summary) filed by FTB as to Plaintiff, total costs: $1029.15.
January 18, 2024 Appeal – Notice of Appeal/Cross Appeal filed by Appellant.
January 18, 2024 Proof of Service by Mail filed by Appellant.
January 19, 2024 Appeal – Notice of Filing of Notice of Appeal filed by Clerk.
January 31, 2024 Appeal – Notice Designating Record of Appeal APP-003/010/103 filed by Appellant.
January 31, 2024 Proof of Service (not Summons and Complaint) filed by Appellant.
March 22, 2024 Appeal – Notice of Default Issued and filed by Clerk.

Court of Appeal Second Appellate District

Date Status
March 12, 2024 Notice of Appeal filed January 18, 2024, lodged/received.
March 13, 2024 Filing Fee paid in LASC.
March 14, 2024 Appellant's Notice Designating Record on Appeal filed in Trial Court on January 31, 2024.
March 22, 2024 Civil Case Information Statement filed by Appellant.
Filed
April 26, 2023
Court
San Francisco County Superior Court, Case № CGC-23-606145
Taxpayer’s Counsel
Raul A. Escatel
FTB’s Counsel
John Keith
FTB’s Contact
Renel Sapiandante
Years
2006
Amount
Approximately $441,532.68

Issues:

  1. Whether the taxpayers entered into a transaction with no economic substance.
  2. Whether the taxpayers are subject to the NEST.

Status:

Date Status
April 26, 2023 Other Non-Exempt Complaints filed by Plaintiffs as to FTB. No Summons issued, Judicial Council Civil Case Cover Sheet not filed. Case Management Conference scheduled for September 27, 2023. Proof of Service due on June 26, 2023. Case Management Statement due on September 5, 2023.
April 26, 2023 Notice to Plaintiffs.
May 4, 2023 Civil Case Coversheet filed by Plaintiffs.
September 1, 2023 Case Management Conference of September 27, 2023 continued to November 29, 2023 at 10:30 a.m. in Department 610. Notices sent by Court.
November 6, 2023 Order to Show Case set for January 9, 2024 in Department 610 at 10:30 a.m. for Failure to File Proof of Service on Defendants and Obtain Answers or Enter Defaults. The November 29, 2023 Case Management Conference is off Calendar. Notice sent by Court.
January 4, 2024 Response to Order to Show Cause filed by Plaintiffs.
January 8, 2024 Summons Issued to Plaintiffs.
January 8, 2024 Order to Show Cause set for January 9, 2024 continued to April 9, 2024 at 10:30 a.m. in Department 610 for Failure to File Proof of Service on Defendants and Obtain Answers or Enter Defaults. Notice sent by Court.
February 22, 2024 Proof of Service by Electronic Mail filed by Plaintiffs.
March 18, 2024 Order to Show Cause set for April 9, 2024 continued to June 4, 2024 at 10:30 a.m. in Department 610 for Failure to File Proof of Service on Defendant and Obtain Answer(s) or Enter Default(s) as to the First Amended Complaint. Notice sent by Court.
March 21, 2024 Declaration of John C. Keith Regarding Automatic Extension of Time to Respond to First Amended Complaint due to Incomplete Meet and Confer Regarding Defendant's Contemplated Motion to Strike filed by FTB.
Filed
10/27/22
Court
Sacramento County Superior Court, Case № 34-2022-00328966
Court
Third Appellate District Case No. C099158
Taxpayer’s Counsel
David Fillerup (Pro Per)
FTB’s Counsel
Caroline Lam
Contact
Mary Yee
Year
2020, 2021
Amount
Approximately $0.00

Issues:

  1. Whether Plaintiff is seeking declaratory relief on the application of estimate payments.
  2. Whether Plaintiff is asserting a violation of due process as to the application of the estimate payments.
  3. Whether Plaintiff is seeking an injunction requiring FTB to allocate the estimate payment to the year designated.

Status:

Date Status
October 27, 2022 Complaint filed by Plaintiff.
October 27, 2022 Civil Case Cover Sheet filed by Plaintiff.
October 28, 2022 Summons for 30-Day Summons was issued during case initiation on October 28, 2022.
October 28, 2022 Case assigned to Department 43.
October 28, 2022 Case Management Conference – Case Management Program scheduled for August 4, 2023 at 8:30 a.m. in Department 43. The Notice of Case Management Conference and Order to Appear has been generated.
October 28, 2022 Summons filed by Plaintiff.
November 9, 2022 Notice of Related Case filed by Plaintiff.
December 27, 2022 Proof of Service of 30-Day Summons and Complaint filed by Plaintiff.
December 27, 2022 Proof of Service by Other Means filed by Plaintiff.
January 13, 2023 Declaration of Demurring or Moving Party ISO Automatic Extension filed by Plaintiff.
February 16, 2023 Demurrer filed by FTB.
February 16, 2023 Memorandum of Points and Authorities filed by FTB.
February 16, 2023 Declaration of Jarrod Reiser filed by FTB.
February 16, 2023 Request - Judicial Notice filed by FTB.
February 16, 2023 Declaration - Other (of Demurrer of Moving Party Regarding Meet and Confer) filed by FTB.
February 17, 2023 Hearing on Demurrer - Civil Law and Motion - Demurrer scheduled for April 13, 2023, at 9 a.m. in Department 54.
February 27, 2023 Request for Dismissal filed by Plaintiff.
February 27, 2023 Case Disposed with Disposition of Request for Dismissal.
February 27, 2023 Case Dismissed with Disposition of Request for Dismissal.
March 2, 2023 Complaint Disposed with Disposition of Request for Dismissal.
March 2, 2023 Case Management Conference – Case Management Program scheduled for August 4, 2023 at 8:30 a.m. was vacated.
March 2, 2023 Hearing on Demurrer – Civil Law and Motion scheduled for April 13, 2023 at 9:00 a.m. was vacated.
March 13, 2023 Notice of Entry of Dismissal filed by Plaintiff.
March 13, 2023 Memorandum of Costs (Summary) filed by Plaintiff.
March 28, 2023 Motion to Strike filed by FTB.
March 28, 2023 Memorandum of Points and Authorities (ISO Motion to Strike) filed by FTB.
March 28, 2023 Request – Judicial Notice (ISO Motion to Strike) filed by FTB.
March 29, 2023 Motion to Strike – Civil Law and Motion scheduled for June 6, 2023 at 9:00 a.m.
May 3, 2023 Opposition to Motion to Strike filed by Plaintiff.
May 30, 2023 Reply Brief ISO Motion to Strike filed by FTB.
June 5, 2023 Tentative Ruling (Motion to Strike – Civil Law and Motion Memo of Cost) filed.
June 6, 2023 Minute Order (Motion to Strike – Civil Law and Motion Memo of Cost) filed.
August 2, 2023 Notice of Appeal filed by Appellant with deposit.
August 4, 2023 Notice of Filing Notice of Appeal filed by Clerk.
September 12, 2023 3DCA Appeal not Selected Notice filed by Clerk.
September 15, 2023 Appellant's Notice of Designation Record on Appeal filed.
October 29, 2023 Case reassigned to Gordon D. Schaber Superior Court in Department 43.
November 2, 2023 Estimated Costs of Clerk's Transcript on Appeal.
January 5, 2024 Notice of Omission filed by Clerk.
January 12, 2024 3DCA Return Receipt filed by Clerk.
January 16, 2024 Caroline Lam Return Receipt filed by Clerk.

California Third Appellate District

August 8, 2023 Notice of Appeal lodged/received. Filed in the Trial Court on August 2, 2023. Declaratory and Injunctive Relief.
August 9, 2023 Filing Fee paid.
August 10, 2023 Letter to Counsel advising of due date of Civil Case Information Statement and Civil Appeal Mediation Statement due August 25, 2023.
August 10, 2023 Respondent noticed Regarding CAMS – due 10 days after the Appellant files.
August 21, 2023 Appellant's Civil Case Information Statement filed.
August 21, 2023 Appellant's Mediation Statement filed, Respondent's due August 31. 2023.
August 31, 2023 Respondent's Mediation statement filed.
September 5, 2023 Case Ordered not eligible for Mediation.
September 5, 2023 Letter sent to Counsel regarding Appeal not selected for Mediation.
September 21, 2023 Appellant's Notice Designating Record on Appeal filed in Trial Court on September 15, 2023. Designating a CT only.
November 1, 2023 Appellant’s Letter to Superior Court Re: Estimated Fees for Transcript.
December 29, 2023 Record on Appeal (Vol. 1 262 pages) filed.
December 29, 2023 Letter sent advising Record on Appeal filed, Appellant's Opening Brief due on February 7, 2024.
January 4, 2024 Appellant's Record Omission Letter dated December 30, 2023 received.
January 11, 2024 Supplemental Record/Transcript filed. (1 Vol. CT 9 pages, Declaration of Deputy Clerk Kevin M. regarding Record Omissions).
January 11, 2024 Letter sent advising that Supplemental Record has been filed. Appellant's Opening Brief remains due on February 7, 2024.
January 24, 2024 Appellant's Opening Brief filed.
February 7, 2024 Stipulation of Extension of Time filed, Respondent's Brief is due April 23, 2024.
March 28, 2024 Requested Extension of Time for Respondent's Brief. Brief must be filed by June 7, 2024.
Filed
11/03/20
Court
Los Angeles County Superior Court, Case № 20SMCV01656
Court
Second Appellate District Case No. B320270
Taxpayer’s Counsel
Robert B. Rosenstein
FTB’s Counsel
Douglas Beteta
Contact
Scott DePeel
Year
2009
Amount
$521,871.47

Issues:

  1. Whether taxpayer has established that he is entitled to additional cost basis on the sale of certain stock in the 2009 taxable year.

Status:

Date Status
November 3, 2020 Complaint filed by Donald B. List.
November 3, 2020 Civil Case Cover Sheet filed by Donald B. List.
November 3, 2020 Summons (on Complaint) filed by Donald B. List.
November 3, 2020 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
November 3, 2020 Notice of Case Management Conference scheduled for May 3, 2021 filed by Clerk.
March 3, 2021 Motion for Change of Venue filed by FTB.
March 19, 2021 Declaration of Demurring or Moving Party in Support of Automatic Extension filed by FTB.
March 25, 2021 Minute Order (Hearing on Motion for Change of Venue) filed by Clerk.
March 25, 2021 Certificate of Mailing for Hearing on Motion for Change of Venue of March 25, 2021 filed by Clerk.
April 22, 2021 Demurrer – Without Motion to Strike filed by FTB.
April 22, 2021 Declaration of Douglas J. Beteta in Support of Defendant FTB’s Demurrer to Plaintiff’s Complaint filed by FTB.
April 22, 2021 Request for Judicial Notice filed by FTB.
November 22, 2021 Opposition to Defendant’s Demurrer to Plaintiff’s First Amended Complaint; Memorandum of Points and Authorities filed by Plaintiff.
November 22, 2021 Declaration of Robert B. Rosenstein in Support of Plaintiff Donald B. List’s Opposition to Defendant’s Demurrer to Plaintiff’s Complaint filed by Plaintiff.
November 22, 2021 Reply in Support of Defendant FTB’s Demurrer to Plaintiff’s Complaint filed by FTB.
December 1, 2021 Notice Re Continuance of Hearing and Order filed by Clerk.
December 8, 2021 Notice of Continuance (Demurrer to Plaintiff’s Complaint) filed by Plaintiff.
January 28, 2022 Minute Order (Hearing on Demurrer – Without Motion to Strike) filed by Clerk.
January 28, 2022 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore filed by Plaintiff.
February 7, 2022 Notice of Case Management Conference filed by Clerk.
February 24, 2022 Judgment filed by FTB.
February 24, 2022 Minute Order (Court Order) filed by Clerk.
February 24, 2022 Certificate of Mailing for Court Order of February 24, 2022 filed by Clerk.
February 24, 2022 Notice of Entry of Judgment/Dismissal/Other Order filed by Clerk.
February 24, 2022 Judgment filed by Clerk.
March 11, 2022 Memorandum of Costs (Summary) filed by FTB.
March 22, 2022 Appeal – Notice of Appeal/Cross Appeal filed by Appellant.
April 6, 2022 Appeal – Notice of Filing of Notice of Appeal filed by Clerk.
April 13, 2022 Appeal – Notice Designating Record of Appeal filed by Plaintiff.
April 20, 2022 Appeal – Notice Court Reporter to Prepare Appeal Transcript filed by Clerk.
April 21, 2022 Proof of Service (not Summons and Complaint) filed by Plaintiff.
September 2, 2022 Appeal – Notice of Fees Due for Clerk's Transcript on Appeal, filed by Clerk.
September 13, 2022 Appeal – Clerk's Transcript Fee Paid, filed by Clerk.
October 5, 2022 Appeal – Original Clerk's Transcript 1 Volume Certified; for Notice of Appeal filed March 22, 2022, filed by Clerk.
October 31, 2022 Appeal Document filed by Clerk.
December 2, 2022 Appeal Record Delivered, filed by Clerk.

California Second Appellate District

May 13, 2022 Notice of appeal filed 3/22/2022 by Donald B List.
May 13, 2022 Appellant's Notice designating record on Appeal filed in Trial Court on April 13, 2022: 8.122 w. RT
May 13, 2022 Filing fee check #224766 for $775.00.
May 17, 2022 Certificate of interested entities or persons filed by Appellant.
May 17, 2022 Civil Case Information Statement filed by Appellant.
May 24, 2022 Notification from court that Appellant's civil case information statement is insufficient, and Appellant has 15 days to provide signed order or judgment of dismissal.
June 2, 2022 Appellant's Response to the Court's letter dated May 24, 2022 filed.
December 2, 2022 Record on Appeal filed C-1 (206 Pages) R-1.
December 2, 2022 Appellant's Motion to Augment Record on Appeal (Exhibits filed separately).
December 2, 2022 Exhibits filed in Support of Appendix to Appellant's Motion to Augment Record (volume 1 of 2).
December 2, 2022 Exhibits filed in Support of Appendix to Appellant's Motion to Augment Record (volume 2 of 2).
December 20, 2022 Augmentation granted - Appellant's Motion to Augment the Record on Appeal filed December 2, 2022 is granted.
January 4, 2023 Stipulation of Extension of Time filed to Appellant's Opening Brief. Due on March 31, 2023 by 61 days.
March 9, 2023 Appellant's Second Motion to Augment Record on Appeal filed.
March 9, 2023 Exhibit Volume 3 of Appendix to Appellant's Second Motion to Augment the Record on Appeal filed.
March 13, 2023 Appellant's Opening Brief filed.
April 3, 2023 Stipulation of Extension of time filed to Respondent's Brief due on June 9, 2023.
April 5, 2023 Augmentation granted - Good cause appearing, IT IS HEREBY ORDERED that Appellant's Motion to Augment the Record is granted. IT IS ORDERED that the record is augmented to include the following document that was filed as an Appendix to the Motion to Augment the Record on Appeal and labeled 1 through 13: Reporter's Transcript of Proceedings dated January 28, 2022. [Transcripts attached as exhibits to motion]
June 2, 2023 Requested Extension of Time for Respondent's Brief.
June 12, 2023 Granted Extension of Time, Respondent's Brief is due on July 10, 2023.
July 10, 2023 Respondent's Brief filed.
July 18, 2023 Stipulation of Extension of Time Filed to Appellant's Reply Brief. Due on 9/29/2023.
September 8, 2023 Appellant's Reply Brief requested Extension of Time for October 31, 2023.
September 11, 2023 Appellant's Extension of Time Granted, Reply Brief is due on October 31, 2023.
October 31, 2023 Appellant's Reply Brief filed.
October 31, 2023 Case fully briefed.
November 17, 2023 Calendar Notice sent electronically. This case is ordered on Calendar for December 13, 2023 at 1:30 p.m.
November 20, 2023 Request for Oral Argument filed by Robert B. Rosenstein, retained Counsel for Appellant.
November 21, 2023 Stipulation and Request for Continuance of Oral Argument filed by FTB.
November 27, 2023 Good Cause Appearing, the Stipulation and Request for Continuance of Oral Argument is granted. The Oral Argument in this matter is continued to February 14, 2024. New Notices will be sent. No further Continuance will be granted.
January 19, 2023 This Case is Ordered on Calendar for February 14, 2024 at 1:30 p.m. Calendar Notice sent electronically.
January 23, 2023 Request for Oral Argument filed by Robert Rosenstein for Appellant. (15 minutes)
January 26, 2023 Request for Oral Argument filed by Douglas J. Beteta for Respondent. (10 Minutes)
February 14, 2024 Cause argued and submitted.
March 19, 2024 Opinion filed (Signed Unpublished). The Judgment is affirmed and FTB shall recover its costs on Appeal.
Filed
January 17, 2024
Court
Los Angeles County Superior Court, Case № 24STCV01200
Taxpayer’s Counsel
Yoni Fix, Reed Smith, LLP
FTB’s Counsel
Jarrod Wood
FTB’s Contact
Scott DePeel
Years
2003 - 2008
Amount
Approximately $75,966,096.00

Issues:

  1. Whether taxpayer is entitled to a refund of taxes and interest relating to claim for Qualified Research Expenses and Enterprise Zone credits for tax years 2003-2008.

Status:

Date Status
January 17, 2024 Complaint filed by Plaintiff.
January 17, 2024 Civil Case Cover Sheet filed by Plaintiff.
January 17, 2024 Alternate Dispute Resolution Packet filed by Clerk.
January 17, 2024 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
January 17, 2024 Summons (on Complaint) filed by Plaintiff.
January 22, 2024 Notice of Case Management Conference filed by Clerk.
January 22, 2024 Order to Show Cause Failure to File Proof of Service filed by Clerk.
January 22, 2024 Certificate of Mailing filed by Clerk.
January 22, 2024 Case Management Conference scheduled for May 21, 2024 at 8:30 a.m. in Department 69.
January 23, 2024 Proof of Personal Service filed by Plaintiff.
January 30, 2024 Order to Show Cause Re: Failure to File Proof of Service scheduled for April 22, 2024 at 8:30 a.m. in Department 69, Not Held – Vacated by Court on January 30 2024.
January 30, 2024 Updated – Order to Show Cause Re: Failure to File Proof of Service – Not Held – POS Filed January 23, 2024: Name Extension, Not Held – Proof of Service filed on January 23, 2024.
February 20, 2024 Amended Complaint – First Amended Complaint for Refund of Taxes (1st) filed by EDS Information Services LLC, UGS Corp., NHIC Corp., E.D.S. International Corporation, Wendover Financial Services Corporation, Electronic Data Systems Corporation (Plaintiffs) as to FTB.
February 21, 2024 Answer to First Amended Complaint filed by FTB as to EDS Information Services LLC, UGS Corp., NHIC Corp. et al (Plaintiffs).
March 8, 2024 Notice of Appearance filed by Plaintiffs et al.
March 8, 2024 Notice of Change of Handling Attorney filed by Plaintiffs et al.
March 20, 2024 Stipulation and Order (Proposed Stipulated Protective Order) filed by FTB.
March 21, 2024 Notice (Notice of Errata Regarding Incorrect Firm Address) filed by Plaintiffs et al.
Filed
01/20/13
Courts
Court of Appeal First Appellate District, San Francisco County, Case № A140518
Superior Court, Case № CJC-12-004742
Taxpayer’s Counsel
Amy L. Silverstein, Esq., Silverstein & Pomerantz, LLP
FTB’s Counsel
Laura E. Robbins
Contact
Renel Sapiandante and Ann Hodges
Year
Various
Amount
Various

Issues:

  1. Whether the LLC fee imposed on an LLC doing business entirely within California by Rev. & Tax. Code § 17942 is unconstitutional under the Due Process, Equal Protection and Commerce clauses of the Constitution of the United States of America.
  2. Whether Rev. & Tax. Code § 17942 violates Article XIII, section 26, of the California Constitution.
  3. Whether Rev. & Tax. Code § 17942 constitutes an invalid exercise of state police power and is void.
  4. Whether the consolidated cases may properly be certified as a class action.

Status:

Date Status
January 30, 2013 FTB’s Petition to Coordinate the cases of Bakersfield Mall LLC v. Franchise Tax Board and CA-Centerside II, LLC v. Franchise Tax Board was granted.
May 1, 2013 A Notice of Joint Motion for Class Action Certification was filed on behalf of Bakersfield Mall LLC and Ca-Centerside II, LLC.
July 29, 2013 FTB’s Opposition to Plaintiffs’ Motion for Class Certification was filed.
September 30, 2013 Plaintiffs’ Reply to FTB’s Opposition to the Motion for Class Action Certification was filed.
October 7, 2013 The Hearing on the Motion was held.
October 8, 2013 A Memorandum Order Denying Plaintiffs’ Joint Motion for Class Certification was filed.
December 2, 2013 Plaintiffs timely filed their Notice of Appeal regarding the Denial of the Class Certification motion.
June 26, 2014 Appellants’ Opening Brief was filed.
October 28, 2014 Respondent’s Opening Brief was filed.
December 17, 2014 Appellants’ Reply Brief was filed. The case is now fully briefed and the parties await the scheduling of the Oral Argument.
April 4, 2018 The Court notified parties of the scheduling of Oral Argument for April 24, 2018.
April 4, 2018 Appellants and Respondent jointly moved for a continuance of Oral Argument from April 24, 2018 to June 26, 2018.
April 16, 2018 The Court ordered Oral Argument continued to June 26, 2018.
June 26, 2018 Oral Argument was held. Submission deferred because Respondent did not receive Appellants June 18, 2018 notice citing new authorities. Respondent was permitted to serve supplemental Letter Brief. Respondent’s Supplemental Letter Brief is due to be filed on July 6, 2018 and Appellant’s supplemental Letter Brief is to be served within five calendar days of that date.
July 6, 2018 A Supplemental Brief was filed by FTB.
July 11, 2018 A Supplemental Brief was filed by Appellant.
July 18, 2018 The Court of Appeal First Appellate District Court issued its opinion, in which it reversed the trial court’s judgment and remanded the case back to trial court.
July 31, 2018 Respondent filed a Petition for Rehearing.
August 6, 2018 The Court denied Respondent’s Petition for Rehearing.
August 27, 2018 Respondent filed a Petition for review with the California Supreme Court.
September 18, 2018 Appellants filed their Answer to Respondent’s Petition for Review.
September 24, 2018 Respondent’s Reply to Appellants’ Answer to Petition for Review was filed.
October 19, 2018 The Court extended the time to grant or deny the Petition for Review to November 21, 2018.
October 31, 2018 The Defendant’s Petition for Review by the California Supreme Court was denied.
November 26, 2018 Remittitur was issued by the Court of Appeal First Appellate District.
November 28, 2018 The Court of Appeal First Appellate District reversed the Remittitur.
December 28, 2018 The Case was reassigned.
January 23, 2019 The Notice of Case Management Conference was filed. The Case Management Conference was scheduled for March 1, 2019, and continued to March 12, 2019.
March 12, 2019 The Case Management Conference was held on March 12, 2019. The matter is set for further discussion to occur on July 2, 2019.
March 14, 2019 The Case Management Order No. 1 was filed. The Order set fourth applicable dates as follows; Plaintiffs’ motion for Attorneys’ Fees will be heard on July 2, 2019; Plaintiffs will file the Attorneys’ Fees motion no later than April 25, 2019; Defendant’s Opposition is due May 30, 2019 and Plaintiffs’ Reply is due June 20, 2019. The Case Management Conference will follow the hearing on July 2, 2019.
April 25, 2019 Plaintiffs’ Notice of Motion and Motion for an Interim Award of Reasonable Attorneys’ Fees together with a Request for Judicial Notice and pleadings in support thereof, was filed.
May 8, 2019 Plaintiffs’ Notice of Motion for Class Certification, together with pleadings in support thereof was filed. The Motion stated the matter was to be heard on June 3, 2019. However, the Motion was not timely served upon FTB. It is anticipated that the hearing on the Motion will be scheduled at the July 3, 2019, Case Management Conference.
June 3, 2019 The Hearing on the Motion for Class Certification scheduled to occur on June 3, 2019, was continued to August 7, 2019.
June 3, 2019 The Hearing on Plaintiffs’ Motion for Attorneys’ Fees scheduled to occur on July 2, 2019, was continued to August 7, 2019.
June 27, 2019 The Case Management Conference that was scheduled to occur on June 17, 2019 was continued to August 7, 2019.
July 25, 2019 Plaintiffs’ Reply Brief in Support of Motion for Attorneys Fees was filed.
August 7, 2019 The case management conference and hearing on Plaintiffs’ Motion for Interim Award of Reasonable Attorneys’ fees were held. Both were continued to August 22, 2019.
August 22, 2019 Plaintiffs’ Motion for Attorneys Fees, followed by a case management conference, is rescheduled to September 12, 2019.
September 10, 2019 Joint case management statement filed.
September 10, 2019 Defendant FTB’s opposition to Plaintiffs’ Motion for Class Certification filed.
September 17, 2019 Plainitffs’ reply in support of Motion for Class Certification filed.
September 18, 2019 Court denies Plaintiffs’ Motion for Interim Award of Reasonable Attorneys Fees.
September 24, 2019 Court grants Plaintiffs’ Motion for Class Certification.
December 11, 2019 Order on Stipulation and Order to Reschedule Case Management Conference from December 11, 2019 to January 3, 2020.
December 30, 2019 Joint Case Management Statement filed.
January 3, 2020 Case management conference held.
February 7, 2020 Joint Case Management Statement filed.
February 18, 2020 Case management order No. 3 entered by court.
February 20, 2020 Court order re: California Rules of Court, Rule 3.766(c).
July 7, 2020 Order & Stipulation for change in briefing schedule for hearing date on Cross-Motions for Summary Judgment filed.
July 10, 2020 Notice of Motion and Cross-Motion for Summary Judgment filed by FTB, hearing set for September 17, 2020.
July 10, 2020 Memorandum of Points and Authorities in Support of Cross-Motion for Summary Judgment filed by FTB.
July 10, 2020 Separate Statement of Facts Undisputed Material Facts in Support of Cross-Motion for Summary Judgment filed by FTB.
July 10, 2020 Declaration of Amelia White in Support of FTB’s Cross-Motion for Summary Judgment filed by FTB.
July 10, 2020 Declaration of Lucy Wang in Support of FTB’s Cross-Motion for Summary Judgment filed by FTB.
July 10, 2020 Request for Judicial Notice in Support of Cross-Motion for Summary Judgment filed by FTB.
July 10, 2020 Certificate of Service filed by FTB.
July 13, 2020 Plaintiffs’ Notice of Motion and Motion for Summary Judgment or in the Alternative Summary Adjudication Proof of Service filed by Plaintiffs.
July 13, 2020 Memorandum of Points and Authorities in Support of Plaintiffs’ Motion for Summary Judgment or in the Alternative Summary Adjudication filed by Plaintiffs.
July 13, 2020 Request for Judicial Notice in Support of Plaintiffs’ Notice of Motion and Motion for Summary Judgment or in the Alternative Summary Adjudication filed by Plaintiffs.
July 13, 2020 Declaration of Amy L. Silverstein in Support of Plaintiffs’ Motion for Summary Judgment or in the Alternate Summary Adjudication filed by Plaintiffs.
July 13, 2020 Separate Statement of Facts Undisputed Fact in Support of Plaintiffs’ Motion for Summary Judgment or in the Alternative Summary Adjudication filed by Plaintiffs.
July 27, 2020 Stipulation/Joint Stipulation regarding CCP 583.330 filed by Bakersfield Mall LLC and CA-Centerside, II, LLC.
August 7, 2020 Defendant FTB’s opposition to Plaintiffs’ Motion for Summary Judgment or in the Alternative Summary Adjudication filed by FTB.
August 7, 2020 FTB’s Objections and Responses to Plaintiffs’ Separate Statement of Undisputed Facts in Support of Plaintiffs’ Motion for Summary Judgment or in the Alternative Summary Adjudication filed by FTB.
August 7, 2020 Declaration of Amelia White in Support of FTB’s Opposition to Plaintiffs’ Motion for Summary Judgment or in the Alternative Summary Adjudication filed by FTB.
August 7, 2020 FTB’s Request for Judicial Notice in Support of Opposition to Plaintiffs’ Motion for Summary Judgment or in the Alternative Summary Adjudication filed by FTB.
August 7, 2020 Declaration of Service filed by FTB.
August 7, 2020 Opposition to FTB’s Cross Motion for Summary Judgment filed by Plaintiff Bakersfield Mall LLC and CA-Centerside, II, LLC.
August 7, 2020 Declaration of Robert T. Petraglia in Support of Plaintiffs’ Opposition to Defendant’s Cross-Motion for Summary Judgment filed by Plaintiffs Bakersfield Mall LLC and CA-Centerside, II, LLC.
August 7, 2020 Plaintiffs’ Separate Statement of Disputed Material Facts in Opposition to Defendant’s Cross-Motion for Summary Judgment filed by Bakersfield Mall LLC and CA-Centerside, II, LLC.
August 7, 2020 Request for Judicial Notice in Support of Plaintiffs’ Opposition to FTB’s Cross Motion for Summary Judgment filed by Bakersfield Mall LLC and CA-Centerside, II, LLC.
August 7, 2020 Proof of Service filed by Bakersfield Mall LLC and CA-Centerside, II, LLC.
September 8, 2020 Reply Brief in Support of Cross-Motion for Summary Judgment filed by FTB.
September 8, 2020 Reply in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication filed by CA-Centerside, II, L.L.C.
September 9, 2020 Order Setting Case Management Conference filed by Court for September 24, 2020.
September 18, 2020 Order After September 17, 2020 Hearing (All Cases), the CMC is now continued to October 5, 2020 and the October 5, 2020 trial date is vacated.
September 18, 2020 Complex Litigation Case Management Conference is continued to October 5, 2020.
September 22, 2020 Order re: Plantiffs’ Motion for Summary Judgment or in the Alternative Summary Adjudication; and FTB’s Cross-Motion for Summary Judgment (all cases) filed.
September 30, 2020 Case Management Conference Statement filed by Plaintiff Bakersfield Mall, LLC and CA-Centerside, II, LLC.
October 1, 2020 Case Management Conference Statement filed by FTB.
October 5, 2020 Minutes for October 5, 2020 hearing filed.
October 5, 2020 Pre-Trial Conference Hearing added to calendar for January 28, 2021.
October 5, 2020 Complex Litigation – Case Management Conference hearing held, trial date is set for February 5, 2021.
October 6, 2020 Order after October 5, 2020 Case Management Conference filed.
October 6, 2020 Order Setting Mandatory Judicial Settleent Conference filed.
December 17, 2020 Stipulation/Joint Stipulation Following Informal Conference filed by Bakersfield Mall, LLC and CA-Centerside, II, LLC.
December 30, 2020 Refund/Reimbursement of $1,000.00 for Transaction payable to Silverstein & Pomerantz, LLP.
January 6, 2021 Order After December 14, 2020 Status Conference filed.
January 28, 2021 Order After January 28, 2021 Case Management Conference filed.
January 28, 2021 Minutes for January 28, 2021 filed.
January 28, 2021 Complex Litigation – Case Management Conference hearing held. The court set the next Case Management Conference for March 16, 2021.
March 11, 2021 Case Management Conference Statement filed by FTB.
March 11, 2021 Case Management Conference Statement filed by Plaintiffs.
March 16, 2021 Complex Litigation – Case Management Conference Hearing held. The Court sets a Pre-Trial Conference for September 24, 2021 at 9:15 a.m.
March 16, 2021 Added to calendar for Pre-Trial Conference Hearing set for September 24, 2021 at 9:15 a.m.
March 16, 2021 Minutes for March 16, 2021 filed.
March 16, 2021 Order after March 16, 2021 Case Management Conference filed.
July 8, 2021 Notice of Change of Attorney Within the Office of The Attorney General filed by FTB
July 14, 2021 Joint Stipulation Re Discovery and Pre-Trial Deadlines filed by Plaintiffs
July 14, 2021 Proof of Service filed by Plaintiffs
August 3, 2021 Order Granting Joint Stipulation Re Discovery and Pre-Trial Deadlines
September 8, 2021 Motion/Notice of Motion to Compel Information Regarding Class Members filed by Plaintiffs, Hearing set for September 21, 2021 at 3:00 p.m.
September 8, 2021 Declaration of Amy L. Silverstein in Support of Motion to Compel Information Regarding Class Members filed by Plaintiffs
September 10, 2021 Plaintiffs’ Motion in Limine to Prohibit Defendant from Referring to or Offering Into Evidence Information Not Produced by Defendant During Discovery (No. 1) filed by Plaintiffs
September 10, 2021 Plaintiffs’ Motion in Limine to Prohibit Defendant from Referring to or Offering Into Evidence Information Regarding Centerside Payment Status (No. 2) filed by Plaintiffs
September 15, 2021 Opposition to Plaintiffs’ Notice of Motion to Compel Information Regarding Class Members filed by FTB
September 15, 2021 Declaration of Maricar Rogan in Support of FTB’s Opposition to Plaintiff’s’ Motion to Compel filed by FTB
September 15, 2021 Opposition to Plaintiffs’ Motion in Limine to Prohibit Defendant from Referring to or Offering Into Evidence Information Regarding Centerside Payment Status (No. 2) filed by FTB
September 15, 2021 FTB’s Opposition to Plaintiffs’ Motion in Limine to Prohibit Defendant from Referring to or Offering Into Evidence Information Not Produced by Defendant During Discovery (No. 1) filed by FTB
September 17, 2021 Trial Brief filed by FTB
September 17, 2021 Request for Judicial Notice filed by FTB
September 17, 2021 Trial Brief filed by Plaintiffs
September 21, 2021 Hearing on Motion to Compel is held on September 21, 2021
September 21, 2021 Complex Litigation Calendar on September 24, 2021 in Department 304, Pre-Trial Conference off Calendar per Court Order
September 21, 2021 Minutes for September 21, 2021 filed by Clerk
September 21, 2021 Order Regarding Plaintiffs’ Motion to Compel Information Regarding Class Members filed
September 21, 2021 Order After September 21, 2021 Hearing filed
September 23, 2021 Notice of Change of Time for Hearing and Case Management Conference
September 23, 2021 Added to Calendar for Case Management Conference and a Hearing on Motion to Amend Class Definition Hearing set for October 18, 2021 at 11:00 a.m. in Department 304
September 29, 2021 Declaration of Laura E. Robbins in Support of FTB’s Informal Discovery Conference Positions filed by FTB
October 1, 2021 Motion/Notice of Motion & Motion to Modify Class Definition filed by Plaintiffs. Hearing is set for October 18, 2021 at 11:00 a.m.
October 1, 2021 Memorandum of Points and Authorities in Support of Motion to Modify Class Definition filed by Plaintiffs
October 1, 2021 Declaration of Amy L. Silverstein in Support of Motion to Modify Class Definition filed by Plaintiffs
October 1, 2021 Order Regarding Supplemental Notice filed
October 7, 2021 Notice of Non-Opposition to Plaintiffs’ Motion to Modify Class Definition filed by FTB
October 18, 2021 Minutes for October 18, 2021 hearing filed
October 18, 2021 Complex Litigation – Case Management Conference Hearing held. The Court Reserves February 3, 2022 at 10:00 a.m. for Plaintiffs’ Preliminary Approval Motion. The next Case Management Conference is set for November 29, 2021 at 9:15 a.m.
October 18, 2021 Complex Litigation – Plaintiffs’ Motion to Modify Class Definition Hearing held. The Court grants the Motion and will issue an Order
October 18, 2021 Order After October 18, 2021 Case Management Conference
November 29, 2021 Minutes for November 29, 2021 hearing filed
November 29, 2021 Complex Litigation – Case Management Conference hearing held. The February 2, 2022 hearing date reservation for the Preliminary Approval Motion is changed to March 17, 2022 at 11:00 a.m. Counsel to submit a Stipulation and Proposed Order Re. Briefing Schedule.
November 29, 2021 Order After November 29, 2021 Case Management Conference filed.
December 1, 2021 Joint Stipulation Briefing Schedule and Payment For Proposed Order filed by Plaintiffs
December 3, 2021 Order Granting Joint Stipulation Re Briefing Schedule filed
December 29, 2021 General Order Re Case Reassignment and Authorization.
January 27, 2022 Joint Stipulation Re Revised Briefing Schedule filed by Plaintiffs.
January 31, 2022 Joint Stipulation Re Revised Briefing Schedule filed by Plaintiffs.
February 4, 2022 Motion/Notice & Motion for Preliminary Approval of Joint Class Action Settlement and Release filed by Plaintiffs. Hearing is set for March 17, 2022 at 11:00 a.m. in Department 304.
February 4, 2022 Declaration of Amy L. Silverstein in Support of Motion for Preliminary Approval of Class Action Settlement filed by Plaintiffs.
February 4, 2022 Declaration of Brian Pedersen in Support of Motion for Preliminary Approval of Class Action Settlement filed by Plaintiffs.
February 4, 2022 Declaration of Steven Weisbrot of Angeion Group, LLC. Re: Proposed Notice Plan filed by Plaintiffs.
February 4, 2022 Memorandum of Points and Authorities in Support of Motion for Preliminary Approval of Class Action Settlement filed by Plaintiffs.
February 4, 2022 Proof of Service filed by Plaintiffs.
February 17, 2022 Order Re: March 17, 2022 Preliminary Approval Hearing filed.
February 17, 2022 Complex Litigation – Plaintiffs’ Motion for Preliminary Approval of Stipulation for Class Action Settlement and Release set for March 17, 2022 at 11:00 a.m. in Department 304 will be heard at the same date and time in Department 306 per Order filed this date.
February 18, 2022 Memorandum of Points and Authorities filed by FTB.
March 1, 2022 Reply in Support of Preliminary Approval of Joint Class Action Settlement and Release filed by Plaintiffs.
March 9, 2022 Joint Stipulation Regarding CCP 583.330 filed by Plaintiffs.
March 10, 2022 Filing Fee Paid for Joint Stipulation and Proposed Order Regarding Hearing on Motion to Modify Class Definition on Shortened Time filed by Plaintiffs.
March 10, 2022 Notice of Motion and Motion to Modify Class Definition (Hearing Date March 17, 2022) filed by Plaintiffs.
March 10, 2022 Memorandum of Points and Authorities in Support of Motion to Modify Class Definition filed by Plaintiffs.
March 10, 2022 Declaration of Amy L. Silverstein in Support of Motion to Modify Class Definition filed by Plaintiffs.
March 11, 2022 Notice of Non-Opposition to Plaintiffs' Motion to Modify Class Definition filed by FTB.
March 11, 2022 Declaration of William C. Hilson, Jr. filed by FTB.
March 11, 2022 Order on Joint Stipulation Regarding Hearing on Motion to Modify Class Definition on Shortened time filed.
March 11, 2022 Supplemental Brief in Support of Motion for Preliminary Approval of Stipulation for Class Action Settlement and Release filed by Plaintiffs.
March 11, 2022 Declaration of Amy L. Silverstein in Support of Plaintiffs' Supplemental Brief in Support of Motion for Preliminary Approval of Stipulation for Class Action Settlement and Release filed by Plaintiffs.
March 11, 2022 Declaration of Steven Weisbrot of Angeion Group, LLC Regarding Propose Notice Plan filed by Plaintiffs.
March 11, 2022 Proof of Service of Joint Stipulation and Proposed Order Regarding Hearing on Motion to Modify Class Definition on Shortened time filed by Plaintiffs.
March 11, 2022 Proof of Service of Notice of Motion and Motion to Modify Class Definition; Memorandum of Points and Authorities, Declaration, filed by Plaintiffs.
March 17, 2022 Minutes for March 14, 2022 filed.
March 17, 2022 Order Regarding (1) Plaintiffs' Motion for Preliminary Approval of Class Action Settlement and Release; (2) Plaintiffs' Motion to Modify Class Definition; and (3) Trial Date filed.
March 17, 2022 Complex Litigation 306, Motion/Notice and Motion for Preliminary Approval of Joint Class Action Settlement and Release, Granted as Modified Pursuant to Written Order.
March 24, 2022 Order Regarding the Parties' Joint Stipulation Regarding CCP Sec. 583.330 filed
March 30, 2022 Declaration of Amy L. Silverstein in Support of Plaintiffs' Motion for Preliminary Approval of Stipulation for Class Action Settlement and Release filed by Plaintiffs.
April 6, 2022 Order Granting Preliminary Approval of Class Action Settlement and Release filed.
April 22, 2022 Joint Stipulation Regarding Revised Claim Form filed by Plaintiffs.
April 22, 2022 Added to Calendar for Status of Notice of Class Settlement Hearing set for April 22, 2022 at 3:00 p.m. in Department 306.
April 22, 2022 Hearing held, see Minutes this date.
April 25, 2022 Supplemental Joint Stipulation Regarding Revised Claim Form filed by Plaintiffs.
April 25, 2022 Order Granting Supplemental Joint Stipulation Regarding Revised Claim Form.
April 27, 2022 Minutes for April 22, 2022 filed.
June 16, 2022 Declaration of William C. Hilson, Jr. filed by FTB
June 29, 2022 Declaration of Maricar Rogan filed by FTB.
July 7, 2022 Ex Parte Application to Modify Briefing Schedule filed by Plaintiffs.
July 7, 2022 Declaration of Amy L. Silverstein in Support of Ex Parte Application to Modify Briefing Schedule filed by Plaintiffs.
July 7, 2022 Response to Ex Parte Application to Modify Brieifing Schedule; Declaration of Lisa W. Chao filed by FTB.
July 8, 2022 Order Granting Ex Parte Application Re: Modification of Briefing Schedule.
July 14, 2022 Order Granting Joint Stipulation Re: Extension of Period to File Claims, Objections and Opt-Outs and Revised Hearing Date and Briefing Schedule.
August 23, 2022 Declaration of William C. Hilson, Junior filed by FTB.
September 30, 2022 Motion/Notice of Motion and Motion for Final Approval of Stipulation for Class Action Settlement and Release filed by Plaintiffs. Hearing is set for October 25, 2022 at 9:00 a.m. in Department 306.
September 30, 2022 Memorandum of Points and Authorities in Support of Motion for Final Approval of Class Action Settlement filed by Plaintiffs.
September 30, 2022 Proof of Service filed by Plaintiffs.
September 30, 2022 Declaration of Amy L. Silverstein in Support of Motion for Final Approval of Class Action Settlement filed by Plaintiffs.
September 30, 2022 Declaration of Steven Weisbrot of Angeion Group, LLC, filed by Plaintiffs.
September 30, 2022 Declaration of Brian D. Pedersen, filed by Plaintiffs.
September 30, 2022 Declaration of Kathleen Courtis, filed by Plaintiffs.
September 30, 2022 Declaration of Marikay Klank, filed by Plaintiffs.
September 30, 2022 Motion for Attorney Fees and Expenses/Notice of Motion and Motion for Attorneys' Fees filed by Plaintiffs. Hearing is set for October 25, 2022 at 9:00 a.m. in Department 306.
September 30, 2022 Memorandum of Points and Authorities in Support of Motion for Attorneys' Fees, filed by Plaintiffs.
September 30, 2022 Proof of Service filed by Plaintiffs.
September 30, 2022 Declaration of Amy L. Silverstein in Support of Motion for Attorneys' Fees, filed by Plaintiffs.
September 30, 2022 Declaration of Kathleen V. Fisher in Support of Motion for Attorneys' Fees, filed by Plaintiffs.
September 30, 2022 Declaration of Richard M. Pearl in Support of Motion for Attorneys' Fees, filed by Plaintiffs.
September 30, 2022 Declaration of Bradley R. Marsh in Support of Motion for Attorneys' Fees, filed by Plaintiffs.
September 30, 2022 Declaration of Kent D. Strader in Support of Motion for Attorneys' Fees, filed by Plaintiffs.
October 11, 2022 Response to Motion for Attorneys' Fees, filed by FTB.
October 11, 2022 Request for Judicial Notice in Support of Response to Motion for Attorneys' Fees, filed by FTB.
October 11, 2022 Declaration of William C. Hilson in Support of Response to Motion for Attorneys' Fees, filed by FTB.
October 11, 2022 Opposition to Select Portions of Notice of Motion and Motion for Final Approval of Stipulation for Class Action Settlement and Release, filed by FTB.
October 11, 2022 Declaration of Valerie Palmer, filed by FTB.
October 11, 2022 Declaration of William C. Hilson, Jr., filed by FTB.
October 18, 2022 Trial Motion in Department 306, Motion for Attorney Fees and Expenses continued from October 25, 2022 to Trial Department Motion on November 15, 2022, at 10:00 a.m. in Department 306 at the request of the Court.
October 18, 2022 Trial Motion in Department 306, Motion/Notice of Motion and Motion for Final Approval of Stipulation for Class Action Settlement and Release continued from October 25, 2022 to Trial Department Motion on November 15, 2022, at 10:00 a.m. in Department 306 at the request of the Court.
October 18, 2022 Reply in Support of Motion for Final Approval of Class Action Settlement, filed by Plaintiffs.
October 18, 2022 Reply Memorandum of Points and Authorities in Support of Motion for Attorneys' Fees, filed by Plaintiffs.
October 18, 2022 Declaration of Amy L. Silverstein in Support of Motion for Attorneys' Fees, filed by Plaintiffs.
October 18, 2022 Proof of Service filed by Plaintiffs.
October 20, 2022 Order Continuing Plaintiffs' Motion for Final Approval of Stipulation for Class Action Settlement and Release filed.
November 14, 2022 Supplemental Declaration of Amy L. Silverstein in Support of Motion for Attorneys' Fees filed by Plaintiffs.
November 15, 2022 Minutes for November 15, 2022 at 10:00 a.m., filed.
November 15, 2022 Hearing Re Motion for Final Approval of Stipulation for Class Action Settlement and Release held on November 15, 2022 in Department 306. The Court and Counsel Confer Regarding the Motion. The Court grants the Motion for final approval of the Stipulation for Class Action Settlement and Release. Counsel shall prepare the Proposed Order.
November 15, 2022 Hearing re Motion for Attorney Fees and Expenses held on November 15, 2022 in Department 306. The Court and Counsel Confer Regarding the Motion. The Court grants the Motion for Attorney Fees and Expenses. Counsel shall prepare the Proposed Order.
November 22, 2022 Order Regarding Costs of Settlement Administration filed.
November 22, 2022 Order Granting Final Approval of Class Action Settlement and Release filed.
November 22, 2022 Order Granting Plaintiffs' Motion For Attorneys' Fees and Costs filed.
November 22, 2022 The Court Ordered the following Judgment entered: Court to Retain Jurisdiction per CCP 664.6.
November 22, 2022 Added to Calendar for Status Conference/Compliance Hearing set for May 16, 2023 at 2:00 p.m. in Department 306.
November 23, 2022 Notice of Entry of Judgment and Orders filed.
February 21, 2023 Ex Parte Application to Extend Date for Settlement Administrator to Send Payment to Certain Class Members, filed by Plaintiffs.
February 21, 2023 Declaration of Lacey Rose of Angeion Group, LLC in Support of Ex Parte Application to Extend Date for Settlement Administrator to Send Payment to Certain Class Members, filed by Plaintiffs.
February 22, 2023 Order Extending Date for Settlement Administrator to Send Payment to Certain Class Members.
May 11, 2023 Joint Status Report filed by Plaintiffs.
May 11, 2023 Declaration of Lacey Rose of Angeion Group, LLC, filed by Plaintiffs.
May 11, 2023 Declaration of Ann Hodges filed by FTB.
May 11, 2023 Declaration of Valerie Palmer filed by FTB.
May 12, 2023 Order continuing May 16, 2023 Status Conference filed.
May 12, 2023 Status Conference of May 16, 2023 continued to May 30, 2023 at 1:30 p.m. in Department 306 per Order filed on May 12, 2023.
May 30, 2023 Case Management Conference was held on May 30, 2023. Matter is set for further Case Management Conference on March 7, 2024 at 10:00 AM in Dept. 206 per Order of the Court.
May 30, 2023 Minutes for May 30, 2023 filed.
June 16, 2023 Order Regarding Newly Discovered Class Members and Supplemental Claims Process filed.
November 13, 2023 Notice of Change of Firm Name, Address and Email Address filed by Plaintiffs.
November 13, 2023 Proof of Service filed by Plaintiffs.
November 13, 2023 Corrected Notice of Change of Firm Name, Address and Email Address filed by Plaintiffs.
February 13, 2024 Notice of Joint Motion and Joint Motion for Distribution of Residuary filed by Plaintiffs. Hearing set for March 7, 2024 at 10:00 a.m. in Department 206.
February 13, 2024 Memorandum of Points and Authorities in Support of Joint Motion for Distribution of Residuary filed by Plaintiffs.
February 13, 2024 Supplemental Declaration of Lacey Rose of Angeion Group, LLC filed by Plaintiffs.
March 4, 2024 Declaration of Lacey Rose of Angeion Group, LLC: Status Report filed by Plaintiffs.
March 5, 2024 Order Continuing Joint Motion for Distribution of Residuary and Vacating March 7, 2024 Status Conference filed.
March 6, 2024 Complex Litigation Calendar set for March 7, 2024 in Department 206. Plaintiffs' and FTB's Joint Motion for Distribution of Residuary with a Hearing date of March 7, 2024 is continued to August 8, 2024 at 9:30 a.m. in Department 206 per Order filed on March 5, 2024.
March 6, 2024 Case Management Conference of March 7, 2024 at 10:00 a.m. in Department 206 is off Calendar per Order filed March 5, 2024.
Filed
01/06/98
Courts
Clark County Nevada District Court, Case № A382999
Nevada Supreme Court, Case № 47141
Nevada Supreme Court, Case № 53264
Nevada Supreme Court, Case № 80884
United States Supreme Court, Case № 14-1175
Taxpayer’s Counsel
Thomas L. Steffen & Mark A. Hutchison, Hutchison & Steffen, H Barrow Farr III
FTB’s Counsel
James W. Bradshaw, McDonald Carano, Wilson, LLP
Contact
Scott DePeel
Year
N/A
Amount
Emotional Distress, Punitive Damages, Prejudgment Interest, Attorney’s Fees
Approx. $490,421,013.81

Issue:

  1. Whether the judgment issued by the (Nevada) Clark County District Court in favor of Gilbert Hyatt against FTB, including the award of $250,000,000 in punitive damages was proper.

Status:

Clark County District Court

Date Status
September 3, 2019 Status conference – Court ordered briefing on issue of whether judgment should be entered in favor of FTB. Briefs are due October 15, 2019.
October 15, 2019 Parties filed briefs regarding issue of whether judgment should be entered in favor of FTB.
February 21, 2020 Court enters order dismissing case, finding that there is no prevailing party, and finding that neither party is entitled to costs or attorney’s fees.
February 26, 2020 FTB files memorandum of costs.
March 2, 2020 Plaintiff files motion to strike/retax costs.
March 13, 2020 FTB files motion to recover attorney’s fees.
March 16, 2020 Court’s notice of hearing on FTB’s motion to recover attorney’s fees set for April 21, 2020.
March 16, 2020 FTB’s opposition to Plaintiff’s motion to strike/retax costs.
March 20, 2020 FTB files appeal of court’s February 21, 2020 order.
March 27, 2020 Plaintiff files opposition to FTB’s motion to recover attorney’s fees.
April 9, 2020 Hearing on Plaintiff’s motion to stike/retax FTB’s memorandum of costs; Court denies Plaintiff’s motion to strike and continues Plaintiff’s motion to retax.
April 21, 2020 Hearing on FTB’s motion to recover attorney’s fees.
April 23, 2020 Court denies FTB’s motion to recover attorney’s fees and memorandum of costs.
July 2, 2020 FTB’s Supplemental Notice of Appeal filed.
July 2, 2020 FTB’s Supplemental Case Appeal Statement filed.
July 6, 2021 Hearing re schedule supplemental briefing re FTB Cost Bill
September 29, 2021 Hyatt filed Supplemental Memorandum in Support of Hyatt Motion to Retax Costs
December 2, 2021 FTB filed Supplemental Brief Opposing Hyatt Motion to Strike, Retax Costs and FTB Motion for Extension of Time to Provide Additional Basis for Costs
December 3, 2021 Joint Stipulation submitted to Court approving requested continuance of hearing on cost bill and motion to retax to January 25, 2022
Januray 25, 2022 Hearing on Motion to Retax was continued from January 25, 2022 at 9:30 a.m. to January 27, 2022 at 1:30 p.m. Matter taken under submission.
Januray 27, 2022 Hearing was completed and the Matter was submitted for Decision.
April 6, 2022 Order Denying Plaintiff's Motion to Strike, Motion to Retax and, Alternatively, Motion for Extension of Time to Provide Additional Basis to Retax Costs.
May 6, 2022 Plaintiff filed and served a Notice of Appeal of Judge Jones' Order awarding costs to FTB in the amount of $2, 262, 815.56.  The matter has been referred  to mediation.
June 15, 2022 Pursuant to NRAP 16, the settlement judge has filed a report with the NSC indicating that the parties were unable to agree to a settlement. Accordingly, the NSC reinstated the deadlines for requesting transcripts and filing briefs. See NRAP 16. Further, appellant (Hyatt) must file an opening brief and appendix within 90 days of notice of order (09/13/22).
October 3, 2022 Appellant's Motion for a second extension of time to file the Opening Brief and Appendix has been denied. Order Denying Motion was filed by Court.

Nevada Supreme Court

Date Status
June 1, 2010 FTB filed its Appellant’s Reply Brief and Cross-Respondent’s Answering Brief regarding the judgment entered against it in the Clark County, Nevada, District Court with the Nevada Supreme Court.
May 2012 Oral Argument was held on May 7, 2012, and on May 14, 2012, the Nevada Supreme Court issued an Order scheduling an additional Oral Argument to be heard on June 18, 2012. The additional Oral Argument was presented.
September 18, 2014 The Nevada Supreme Court reversed and dismissed the $250 million punitive damage award based upon principles of comity. The Court reversed and dismissed the $52 million invasion of privacy compensatory damage award based upon state law grounds. The Court upheld the liability determination under the intentional infliction of emotional distress claim, but reversed and remanded for a new trial regarding the $85 million emotional distress verdict. The Court upheld the fraud verdict and the resultant $1.08 million compensatory damage award. The Court reversed and remanded the cost and pre-judgment interest awards of $2.5 million. The Court upheld the District Court’s dismissal of Mr. Hyatt’s cross-appeal claim for economic damages based upon lack of evidence.
October 6, 2014 Both Parties filed Petitions for Rehearing with the Nevada Supreme Court.
November 25, 2014 The Nevada Supreme Court issued an Order Denying both Petitions for Rehearing. FTB subsequently filed a Petition for Writ of Certiorari with the United States Supreme Court, the result of which was that the United States Supreme Court accepted the case for hearing.
May 23, 2016 The United States Supreme Court issued judgment in favor of FTB and remanded the case to the Nevada Supreme Court.
June 24, 2016 The Nevada Supreme Court issued an Order directing the parties to address which portions of the Nevada Supreme Court decision issued during September 2014 should be reconsidered. FTB’s Opening Brief was to be filed on July 24, 2016.
July 11, 2016 The Nevada Supreme Court issued an Order amending the briefing schedule as follows: Appellant’s (FTB’s) Opening Supplemental Brief is to be filed on August 24, 2016, Respondent’s Supplemental Opening Brief is to be filed on September 23, 2016, and Appellant’s optional Supplemental Reply Brief was due to be filed on October 8, 2016.
August 22, 2016 Appellant’s Supplemental Opening Brief was filed.
August 25, 2016 A Motion for an Extension of Time within which to file the Supplemental Answering Brief was filed.
October 24, 2016 The Court granted the motion. Respondent/Cross-Appellant filed a Supplemental Appendix.
October 25, 2016 The Respondent/Cross-Appellant’s Supplemental Answering Brief was filed.
November 1, 2016 Appellant filed a Motion for Extension of Time to file a Supplemental Reply Brief.
December 5, 2016 Appellant/Cross-Respondent’s Supplemental Reply Brief was filed.
December 13, 2016 Respondent/Cross-Appellant filed its Response to Appellant/Cross-Respondent’s Request for Judicial Notice.
December 20, 2016 Appellant/Cross-Respondent’s Reply in Support of Appellant’s Request for Judicial Notice was filed.
January 12, 2017 The Court granted FTB’s Request for Judicial Notice of publically available documents.
March 23, 2017 The Nevada Supreme Court issued a Notice Scheduling Oral Argument. The matter was scheduled for oral argument on May 2, 2017.
April 10, 2017 Appellant filed a Notice of Supplemental Authorities following the Mandate from the United States Supreme Court.
April 19, 2017 Appellant filed Second Request for Judicial Notice.
April 25, 2017 Respondent’s Response to Appellant’s Second Request for Judicial Notice was filed.
April 28, 2017 Appellant’s Reply in Support of Second Request for Judicial Notice was filed.
May 2, 2017 The Court heard Oral Argument.
September 14, 2017 The Opinion was filed in the Nevada Supreme Court. The Judgment was affirmed in part, and reversed in part, and remanded back to the District Court with instructions.
October 2, 2017 Appellant/Cross-Respondent’s Petition for Rehearing was filed in the Nevada Supreme Court.
October 30, 2017 The Nevada Supreme Court issued an Order directing Respondent/Cross-Appellant to Answer the Petition for Rehearing on or before November 14, 2017.
November 14, 2017 The Respondent/Cross-Appellant filed his Answer to the Petition for Rehearing.
December 26, 2017 The Nevada Supreme Court granted FTB’s Petition for Rehearing. At the same time, the Nevada Supreme Court issued a slip opinion replacing the opinion it issued on September 14, 2017. The Nevada Supreme Court has affirmed the fraud judgment against FTB, but reduced the award to $50,000. The Nevada Supreme Court has also upheld the determination that FTB caused Respondent to suffer emotional distress and remanded the question of damages to the District Court with a suggestion that it enter Judgment against FTB in the maximum permissible amount of $50,000. The Court has determined that, to the extent Respondent may have been entitled to an award of prejudgment interest, any such award must be included within the maximum damages award of $50,000. The case is otherwise remanded to the District Court.
January 17, 2018 TB’s Motion to Stay Remitter pending application for Writ of Certiorari to the United States Supreme Court was filed.
August 5, 2019 Court filed order of remand and issued remittitur.
August 26, 2019 Court filed remittitur.
March 31, 2020 FTB’s Notice of Appeal filed; Case docketed in Nevada Supreme Court.
July 31, 2020 Appellant’s Opening Brief filed.
July 31, 2020 Court rejects Appellant’s Opening Brief.
August 3, 2020 Appellant filed Opening Brief.
August 19, 2020 FTB filed Notice of Lodging CD Containing Hyperlinked Opening Brief.
August 21, 2020 Respondent filed Stipulation for Extension of Time to File Answering Brief.
August 25, 2020 Order Approving Respondent’s Stipulation filed, Respondent’s Answering Brief is due October 2, 2020.
October 1, 2020 Respondent’s Answering Brief filed.
October 1, 2020 Respondent’s Appendix to Answering Brief Volume 1-17 filed. Volume 14 was rejected.
October 2, 2020 Respondent’s Appendix to Answering Brief Volume 14 filed.
October 28, 2020 Order Granting Extension Per Telephonic Request filed. Appellant’s reply brief is due November 16. 2020.
November 16, 2020 Appellant’s Reply Brief filed.
November 16, 2020 Briefing Completed.
March 19, 2021 Order Submitting for Decision Without Oral Argument filed. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Court En Banc as of the date of this order on the briefs filed herein.
April 23, 2021 Order Affirming in Part, Reversing in Part and Remanding. "We therefore affirm the district court’s denial of FTB’s attorney fees under NRCP 68 and NRS 17.115, reverse the district court’s denial of costs, and remand for further proceedings consistent with this order." EN BANC
May 19, 2021 Remittitur issued.
May 19, 2021 Remittitur issued/case closed.
June 7, 2021 Remittitur filed and received by District Court Clerk.
May 16, 2022 Filing Fee due for Appeal.
May 16, 2022 Notice of Appeal Documents filed. Appeal docketed in the Supreme Court on this day.
May 16, 2022 Issued Notice to Pay Supreme Court filing fee. No action will be taken on this matter until filing fee is paid. Due date: 7 days.
May 17, 2022 E-Payment $250.00 from Mark A. Hutchison.
May 17, 2022 Issued Notice of Referral to Settlement Program. This Appeal may be assigned to the Settlement Program. Timelines for requesting transcripts and filing briefs are stayed. Docketing Statement mailed to Counsel for Appellant – Due 21 days.
May 18, 2022 Filed Respondent's Notice of Association of Counsel for Robert L. Eisenberg.
May 19, 2022 Filed Order. Pursuant to the Notice of Appearance filed May 18, 2022, the Clerk of this Court shall add Robert L. Eisenberg, Esq., of the Law Firm Lemons, Grundy, & Eisenberg, as co-counsel for Respondent.
May 19, 2022 Issued Notice: Assignment to Settlement Program. Issued Assignment Notice to NRAP 16 Settlement Program. Settlement Judge: Stephen E. Haberfield.
June 1, 2022 Filed Docketing Statement Civil Appeals.
June 10, 2022 Filed Final Report/No Settlement. The Parties were unable to agree to a settlement of this matter.
June 15, 2022 Filed Order: No Settlement/Briefing Reinstated. The Parties were unable to agree to a settlement. Appellants: 14 days transcript request, 90 days Opening Brief and Appendix.
June 29, 2022 Filed Request for Transcript of Proceedings. Transcripts requested June 29, 2021.
September 8, 2022 Filed Order Granting Extension Per Telephonic Request. Appellant's Opening Brief and Appendix due September 27, 2022.
September 9, 2022 Filed Appellant's Notice of Appearance for Joseph C. Reynolds.
September 22, 2022 Filed Appellant's Motion for Extension of Time for Appellant to file Opening Brief and Appendix.
September 26, 2022 Filed Appellant's Reply in Support of Motion for Extension of Time to File Opening Brief and Appendix.
September 26, 2022 Filed Appellant's Reply in Support of Motion for Extension of Time to File Opening Brief and Appendix.
October 3. 2022 Filed Order Denying Motion. Appellant has filed a motion for a second extension of time to file the opening brief and appendix. Respondent has filed a response to the motion and appellant has replied. The motion is denied. Appellant's opening brief and appendix due: 7 days
October 10, 2022 Filed Appellant's Opening Brief.
October 10, 2022 Filed Appellant's Appendix to Opening Brief, Volume 1-42.
November 9, 2022 Filed Respondent's Answering Brief.
December 9, 2022 Filed Appellant's Reply Brief.
December 12, 2022 Briefing Completed/to Screening.
December 27, 2022 Justice Patricia Lee disqualified from participation in this matter. Disqualification reason: Law Firms.
April 19, 2023 Filed Order/Submit on Briefs. Cause Appearing, Oral Argument will not be scheduled, and this Appeal shall stand submitted for Decision to the En Ban Court as of the date of this Order on the Briefs filed herein.
May 31, 2023 Filed Order, Notice of Non-Disqualifying Disclosure for Chief Justice Stiglich.
July 5, 2023 Filed Order Affirming in Part, Reversing in Part, Vacating in Part, and remanding to the District Court for proceedings consistent with this Order. The Honorable Patricia Lee, Justice, voluntarily recused herself from participation in the decision of this matter.
July 24, 2023 Petition for Rehearing was filed by Respondent.
July 24, 2023 Filing Fee paid for $150.00 by Rory Kay.
August 24, 2023 Filed Post-Judgment Order Denying Rehearing. Rehearing denied, NRAP 40(c) En Banc.
September 18, 2023 Remittitur issued.
September 18, 2023 Case Status Update – Case Closed.
October 2, 2023 Filed Remittitur, received by District Court Clerk on September 20, 2023.

The United States Supreme Court

Date Status
January 13, 2015 The United States Supreme Court granted FTB an extension of time within which to file a Petition for a Writ of Certiorari to and including March 23, 2015.
March 23, 2015 FTB’s Petition for Writ Certiorari was filed.
May 26, 2015 Mr. Hyatt’s Opposition to FTB’s Petition for Writ of Certiorari was filed.
June 9, 2015 FTB’s Reply Brief was filed.
June 30, 2015 The United States Supreme Court granted FTB’s Petition for Writ of Certiorari.
September 3, 2015 FTB’s Opening Brief was filed.
September 10, 2015 An Amicus Curiae Brief was filed by the Multistate Tax Commission in support of Petitioner.
September 10, 2015 An Amicus Curiae Brief was filed by South Carolina in support of Petitioner.
September 10, 2015 An Amicus Curiae Brief was filed by the Council of State Governments, National Association of Counties, National League of Cities, United States Conference of Mayors, International City/County Management Association and International Municipal Lawyers Association in support of Petitioner.
September 16, 2015 An Amicus Curiae Brief was filed by West Virginia and 43 other states in support of Petitioner.
October 9, 2015 The Court scheduled Oral Argument for December 7, 2015.
October 23, 2015 Respondent’s Opening Brief was filed.
November 4, 2015 The Brief of Professors of Federal Jurisdiction as Amici Curiae in support of Respondent was filed.
November 23, 2015 FTB’s Reply Brief was filed. The matter was heard in the United States Supreme Court on December 7, 2015, and submitted for decision.
April 19, 2016 The United States Supreme Court issued its decision on the matter. The Court ruled in favor of FTB on the issue of the Nevada statutory damages cap, ruling that if a California agency is haled into a Nevada Court, it must be treated the same as Nevada government agencies.
May 23, 2016 The United States Supreme Court issued its judgment in favor of FTB
June 24, 2016 The United States Supreme Court remanded the case back to the Nevada Supreme Court for further action not inconsistent with its opinion.
March 13, 2018 FTB filed a Petition for Writ of Certiorari with the United States Supreme Court. No further proceedings will occur in the Nevada Supreme Court at this time.
April 9, 2018 Counsel for Mr. Hyatt sent a letter to the United States Supreme Court waiving Mr. Hyatt’s right to file Opposition to FTB’s Petition for Writ of Certiorari.
May 1, 2018 The United States Supreme Court directed counsel for Mr. Hyatt to file an Opposition to FTB’s Petition for Writ of Certiorari on or before May 31, 2018.
May 31, 2018 Respondent’s Opposition to the Petition for Writ of Certiorari was filed.
June 6, 2018 Respondent’s Reply to Writ of Certiorari was filed.
June 28, 2018 The Petitioner’s Petition for Writ of Certiorari was granted.
July 18, 2018 Petitioner requested an extension of time within which to file its Brief on the Merits. The Court granted the request. Petitioner’s Brief on the Merits is now due to be filed on September 11, 2018. Counsel for Respondent agreed to the extension of time and their Brief is now due to be filed on November 15, 2018.
September 6, 2018 A Blanket Consent was filed by Petitioner.
September 11, 2018 The Petitioner filed its Brief on the Merits.
September 18, 2018 The following Amicus Briefs were filed: Brief of Amici Curiae Alan B. Morrison and Darren Shanske in support of neither party; Brief of Amici Curiae The Multistate Tax Commission et.al. was filed in support of Petitioner; Brief of Amici Curiae The State of Indiana and 43 other states was filed in support of Petitioner; Brief of Amici Curiae Law Professors was filed in support of Petitioner; Brief of Amici Curiae Professors William Baude and Stephen E. Sachs was filed in support of neither party; Brief of Amici Curiae James C. Giudici was filed in support of neither party.
November 15, 2018 Respondent filed his Brief on the Merits.
November 21, 2018 The Professors of Federal Jurisdiction filed a Brief of Amici in support of Respondent.
November 28, 2018 The United States Supreme Court scheduled Oral Argument for January 9, 2019.
December 11, 2018 The Record was requested from the Nevada Supreme Court.
December 14, 2018 Petitioner filed its Reply Brief on the Merits.
December 27, 2018 The record was received from the Nevada Supreme Court.
January 9, 2019 Oral Argument was held and the matter was taken under submission.
May 13, 2019 The United States Supreme Court issued its Opinion holding that FTB is immune from suit by Mr. Hyatt in the State of Nevada.
June 17, 2019 The Judgment in favor of FTB and the Mandate directing the case back to the Supreme Court of Nevada for further action consistent with the opinion of the United States Supreme Court were issued.
Filed
September 14, 2021
Court
Los Angeles County Superior Court, Case № 21STCV33765
Court
Court of Appeal Second Appellate District, Case No. B329492
Taxpayer’s Counsel
Joseph A. Broyles
FTB’s Counsel
Elizabeth Vann
Contact
Ann Hodges
Years
2008, 2009
Amount
$3,236,040.87

Issues:

  1. Whether FTB issued the 2008 and 2009 Notices of Proposed Assessment beyond the statute of limitations applicable to deficiencies arising out of federal adjustments.
  2. Whether the taxpayers are entitled to a refund of amounts the taxpayers self-assessed on amended returns as a result of a final federal determination.

Status:

Date Status
September 13, 2021 Complaint filed by Plaintiffs.
September 13, 2021 Civil Case Cover Sheet filed by Plaintiffs.
September 13, 2021 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
September 14, 2021 Summons (On Complaint) filed by Plaintiffs.
September 27, 2021 Proof of Personal Service filed by Plaintiffs.
October 6, 2021 Notice of Case Management Conference filed by Clerk.
October 12, 2021 Answer filed by FTB.
January 10, 2022 Case Management Statement filed by FTB.
January 18, 2022 Case Management Statement filed by Plaintiffs.
February 1, 2022 Minute Order (Case Management Conference) filed by Clerk.
July 19, 2022 Ex Parte Application (Defendants Ex-Parte Application for Continuance of Trial Date and Related Deadlines; Memorandum of Points and Authorities and Declaration of Elizabeth B. Vann in Support Thereof) filed by FTB.
July 19, 2022 Proof of Service by Mail filed by FTB.
July 21, 2022 Minute Order (Hearing on Ex Parte Application for Continuance) filed by Clerk.
July 22, 2022 Notice (of Order Granting Ex Parte Application for Continuance of Trial and Other Trial Dates) filed by FTB.
December 19, 2022 Motion for Summary Judgment filed by FTB.
December 19, 2022 Memorandum of Points & Authorities filed by FTB.
December 19, 2022 Declaration of Leslie Yorston in Support of Defendant's Motion for Summary Judgment filed by FTB.
December 19, 2022 Proof of Service (not Summons and Complaint) filed by FTB.
December 19, 2022 Separate Statement filed by FTB.
January 10, 2023 Separate Statement filed by Plaintiffs.
January 10, 2023 Declaration of Joseph A. Broyles, Esq., filed by Plaintiffs.
January 10, 2023 Request for Judicial Notice filed by Plaintiffs.
January 11, 2023 Notice of Opposition and Cross Motion for Summary Judgment filed by Plaintiffs.
January 11, 2023 Proof of Service (not Summons and Complaint) filed by Plaintiffs.
January 19, 2023 Stipulation and Order (Advancing the Hearing Date on Plaintiffs' Cross Motion for Summary Judgment) filed by Plaintiffs.
February 17, 2023 Opposition to Plaintiffs' Cross Motion for Summary Judgment filed by FTB.
March 3, 2023 Reply to Opposition to Motion for Summary Judgment filed by FTB.
March 3, 2023 Reply to Defendant Opposition to Plaintiff's Cross Motion for Summary Judgment filed by Plaintiffs.
March 10, 2023 Minute Order (Hearing on Motion for Summary Judgment) filed by Clerk.
March 29, 2023 Minute Order (Final Status Conference) filed by Clerk.
March 29, 2023 Certificate of Mailing for Final Status Conference of March 29, 2023 filed by Clerk.
April 25, 2023 Certificate of Mailing for Final Status Conference of March 29, 2023 filed by Clerk.
April 28, 2023 Judgment filed by FTB.
April 28, 2023 Minute Order (Order to Show Cause Re: Entry of Judgment) filed by Clerk.
May 4, 2023 Appeal – Notice of Appeal/Cross-Appeal filed by Appellants.
May 10, 2023 Notice of Errata filed by Appellants.
May 11, 2023 Appeal – Notice of Filing of Notice of Appeal filed by Clerk.
May 24, 2023 Proof of Service by Mail filed by Appellants.
May 30, 2023 Appeal – Notice Designating Record of Appeal filed by Appellants.
June 13, 2023 Appeal - Notice Designating Record of Appeal filed by FTB.
June 30, 2023 Appeal – Notice of Default Issued, filed by Clerk.
August 15, 2023 Appeal – Notice Court Reporter to Prepare Appeal Transcript (NOA 5/4/23 B329492) filed by Clerk.
August 23, 2023 Appeal – Notice Court Reporter to Prepare Appeal Transcript (NOA 5/4/23 B329492 Amended) filed by Clerk.
October 10, 2023 Appeal – Notice of Fees due for Clerk's Transcript on Appeal.
November 9, 2023 Appeal Record Delivered, filed by Clerk.

Court of Appeal Second Appellate District

Date Status
June 12, 2023 Notice of Appeal lodged/received. Appeal filed by Appellant on May 4, 2023.
June 12, 2023 Default Notice Sent – Appellant Notified per Rule 8.100(c).
June 12, 2023 Civil Case Information Statement filed by Appellant. Attorney: Joseph Anthony Broyles.
June 13, 2023 Filing Fee – Check #7401 $775.00 received.
June 13, 2023 Due to clerical error, a Notice of Default was issued on June 12, 2023 for failure to pay the $775 filing fee.
June 13, 2023 Certificate of Interested Entities or Persons filed by Appellant.
August 23, 2023 Appellant's Notice dated May 30, 2023 Designating Record on Appeal filed in Trial Court.
September 6, 2023 Respondent's Notice Designating Record on Appeal filed in Trial Court – Notice dated June 13, 2023.
November 9, 2023 Record on Appeal filed – One Clerk (216 pages), One Reporter.
December 19, 2023 Returned document for Non-Conformance. Rejected via True Filing – does not contain bookmarks as required under CRC Rule 8.74.
December 19, 2023 Appellant's Opening Brief filed.
January 5, 2024 Stipulation of Extension of Time filed to Respondent's Brief. Due on March 18, 2024 by 60 days.
March 11, 2024 Respondent's Brief - requested Extension of Time for April 12, 2024, by 25 days.
March 11, 2024 Extension of Time granted. Respondent's Brief is due April 17, 2024 by 30 days.
Filed
11/03/20
Court
Los Angeles County Superior Court, Case № 20STLC09273
Court
Second Appellate District Case No. B323205
Taxpayer’s Counsel
Janelle R. Polk
FTB’s Counsel
Douglas Beteta
Contact
Mary Yee
Year
2009
Amount
$4,466.37

Issues:

  1. Whether FTB’s assessment of additional tax based on a federal action, interest, and collection cost recovery fee for the 2009 tax year is appropriate.

Status:

Date Status
November 3, 2020 Complaint filed by Janelle R. Polk.
November 3, 2020 November 3, 2020 Civil Case Cover Sheet filed by Janelle R. Polk.
November 3, 2020 Notice of Case Assignment – Limited Civil Case filed by Clerk.
November 3, 2020 First Amended Standing Order filed by Clerk.
November 3, 2020 Non-Jury Trial scheduled for May 3, 2022.
November 3, 2020 Order to Show Cause Re: Failure to File Proof of Service scheduled for November 7, 2023.
November 3, 2020 Case assigned to Hon. Serena R. Murillo.
November 4, 2020 Summons on Complaint issued and filed by Janelle R. Polk.
November 16, 2020 Proof of Service by Substituted Service filed by Plaintiff.
December 14, 2020 Declaration of Douglas J. Beteta in Support of Motion to Reclassify Limited Civil Case to Unlimited Civil Case filed by FTB.
December 14, 2020 Motion to Reclassify filed by FTB.
December 14, 2020 Answer filed by FTB.
December 15, 2020 Hearing on Motion to Reclassify (Walker Motion) scheduled for April 14, 2021.
April 14, 2021 Minute Order (Hearing on Motion to Reclassify (Walker Motion)).
April 27, 2021 Notice of Ruling filed by FTB.
May 11, 2021 Notice of Reclassification filed by Clerk.
May 11, 2021 Notice of Case Reassignment/Vacate Hearings filed by Clerk.
May 21, 2021 Proof of Service by Mail filed by Plaintiff.
May 26, 2021 Notice of Case Management Conference filed by Clerk.
July 6, 2021 Case Management Statement filed by FTB
July 6, 2021 Case Management Statement filed by Plaintiff
July 21, 2021 Minute Order (Case Management Conference) filed by Clerk
July 27, 2021 Notice (Notice of Order Regarding Proposed Amendment) filed by FTB
July 30, 2021 Notice (Amended Notice of Order Regarding Proposed Amendment) filed by FTB
September 8, 2021 Minute Order (Case Management Conference) filed by Clerk
September 8, 2021 Case Management Order filed by Clerk
September 13, 2021 Notice (of Case Management Order) filed by FTB
September 21, 2021 Ex Parte Application for Trial Continuance for Court to Hear Motion For Summary Judgment; Supporting Memorandum of Points and Authorities filed by FTB
September 21, 2021 Declaration of Douglas J. Beteta in Support of Ex Parte Application for Trial Continuance for Court to Hear Motion for Summary Judgment filed by FTB
September 22, 2021 Minute Order (Hearing on Ex Parte Application) filed by Clerk
September 22, 2021 Certificate of Mailing for (Hearing on Ex Parte Application) filed by Clerk
September 30, 2021 Notice of Order Denying Ex Parte Application for Trial Continuance filed by FTB
November 23, 2021 Motion for Summary Judgment filed by FTB
November 23, 2021 Declaration of Shawna Ventolieri in Support of Motion for Summary Judgment filed by FTB
November 23, 2021 Compendium of Evidence filed by FTB
November 23, 2021 Declaration of Douglas J. Beteta in Support of Motion for Summary Judgment filed by FTB
November 23, 2021 Separate Statement filed by FTB
December 1, 2021 Ex Parte Application to Set Hearing Date for Motion for Summary Judgment filed by FTB
December 1, 2021 Declaration of Douglas J. Beteta filed by FTB
December 2, 2021 Minute Order on Hearing on Ex Parte Application to Set Hearing Date for Motion for Summary Judgment filed by Clerk
December 15, 2021 Notice of Continuance filed by FTB
April 20, 2022 Separate Statement (In Opposition to Defendant's Motion for Summary Judgment) filed by Plaintiff.
April 20, 2022 Memorandum of Points & Authorities filed by Plaintiff.
April 20, 2022 Brief (Plaintiff's Evidence in Opposition to Defendant FTB's Motion for Summary Judgment) filed by Plaintiff.
April 20, 2022 Proof of Service (Not Summons and Complaint) filed by Plaintiff.
April 20, 2022 Declaration (Plaintiff's Declaration in Opposition to Defendant FTB's Motion for Summary Judgment) filed by Plaintiff.
April 20, 2022 Proof of Service (Not Summons and Complaint) (Declaration of Service by Email) filed by Plaintiff.
April 29, 2022 Declaration (of San Tuong in Support of FTB's Motion for Summary Judgment) filed by FTB.
April 29, 2022 Objection (to Evidence Submitted by Plaintiff in Opposition to Motion for Summary Judgment) filed by FTB.
April 29, 2022 Separate Statement filed by FTB.
April 29, 2022 Reply (In Support of FTB's Motion for Summary Judgment) filed by FTB.
May 3, 2022 Objection (to FTB's Evidence in Support of Motion for Summary Judgment) filed by Plaintiff.
May 4, 2022 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore (Adra L. Pittman, CSR #13298).
May 4, 2022 Minute Order (Hearing on Motion for Summary Judgment) filed by Clerk.
May 16, 2022 Notice Regarding Continuance of Hearing and Order filed by Clerk.
May 20, 2022 Notice of Related Case filed by FTB.
May 24, 2022 Proof of Service by Mail filed by Plaintiff.
June 9, 2022 Notice of Motion (In Limine No. 1) filed by FTB.
June 9, 2022 Declaration of Notice filed by FTB.
June 9, 2022 Minute Order (Ruling on Submitted Matter) filed by Clerk.
June 9, 2022 Certificate of Mailing for ((Ruling on Submitted Matter) of June 9, 2022) filed by Clerk.
June 9, 2022 Order Regarding Defendant's Motion for Summary Judgment or, in the Alternative, Summary Adjudication filed by Clerk.
June 20, 2022 Minute Order (Non-Appearance Case Review Re: Submission of Judgment) filed by Clerk.
June 21, 2022 Motion for Reconsideration filed by Plaintiff.
June 21, 2022 Affidavit of Janelle R. Polk in Support of Motion for Reconsideration filed by Plaintiff.
June 21, 2022 Proof of Service (Not Summons and Complaint) filed by Plaintiff.
July 5, 2022 Judgment filed by FTB
July 5, 2022 Minute Order (Court Order) filed by Clerk.
July 5, 2022 Certificate of Mailing for (Court Order) of July 5, 2022 filed by Clerk.
July 5, 2022 Notice of Entry of Judgment/Dismissal/Other Order filed by Clerk.
July 14, 2022 Memorandum of Costs (Summary) filed by FTB.
July 18, 2022 Minute Order (Court Order Re: Notice of Related Cases) filed by Clerk.
July 18, 2022 Certificate of Mailing for (Court Order Re: Notice of Related Cases) of July 18, 2022 filed by Clerk.
September 1, 2022 Appeal – Notice of Appeal/Cross Appeal filed by Appellant.
September 12, 2022 Proof of Service (not Summons and Complaint) filed by Appellant.
September 12, 2022 Appeal – Notice of Filing of Notice of Appeal filed by Clerk.
September 12, 2022 Appeal – Notice Designating Record of Appeal filed by Appellant.
September 19, 2022 Appeal – Notice Designating Record of Appeal filed by FTB.
October 25, 2022 Appeal – Notice of Default issued and filed by Clerk.
November 10, 2022 Appeal – Reporter Appeal Transcripts Deposit paid for Appellant, filed by Clerk.
November 10, 2022 Appeal – Reporter Appeal Transcripts Deposit paid for Appellant, filed by Clerk.
December 7, 2022 Appeal – Notice Court Reporter to Prepare Appeal Trascript, filed by Clerk.
December 20, 2022 Appeal - Notice of Fees Due for Clerk's Transcript on Appeal, filed by Clerk.
December 30, 2022 Appeal - Clerk's Transcript Fee paid for Janelle R. Polk, filed by Clerk.
January 18, 2023 Appeal – Original Clerk's Transcript two volumes certified for Notice of Appeal filed September 1, 2022, filed by Clerk.
January 20, 2023 Appeal Record delivered, filed by Clerk.

California Second Appellate District

September 16, 2022 Notice of Appeal lodged/received filed September 1, 2022 by Janelle R. Polk.
September 16, 2022 Default Notice sent - Appellant notified per rule 8.100(c). No fee received.
September 16, 2022 Received copy of document filed in Trial Court. Clerk's Notice of Reclassification. Matter has been reclassified from Civil Limited to Civil Unlimited jurisdiction.
September 26, 2022 Civil Case Information Statement filed by Appellant.
September 28, 2022 Appellant's Notice designating record on Appeal filed in Trial Court on September 12, 2022: 8.122w. RT.
September 29, 2022 Civil filing fee paid via credit card for Janelle R. Polk.
October 12, 2022 Respondent's Notice designating record on Appeal filed in Trial Court on September 19, 2022.
January 23, 2023 Record on Appeal filed.
March 21, 2023 Appellant Notified Regarding Failure to Timely File Opening Brief which was due on March 6, 2023.
April 7, 2023 Appellant's Opening Brief filed by Appellant.
April 10, 2023 Default Appellant: no Certificate of Interested Persons filed.
April 25, 2023 Certificate of Interested Entities or Persons filed by Appellant.
May 2, 2023 Stipulation of Extension of Time filed. Respondent's Brief is due on July 7, 2023.
July 7, 2023 Respondent's Brief granted extension for a total of 60 days, Stipulation of extension of time filed – due July 7, 2023.
July 26, 2023 Appellant filed Stipulation for Extension of Time to File Reply Brief to 60 days.
July 27, 2023 Appellant's Reply Brief is due on 9/25/2023.
September 25, 2023 Appellant's Reply Brief filed.
September 26, 2023 Case fully briefed.
October 2, 2023 Case briefed and on assignment panel.
December 21, 2023 Calendar Notice sent electronically – Calendar date set for January 23, 2024 at 9:00 a.m.
January 3, 2023 Email indicating Parties have agreed to waive Oral Argument received.
January 3, 2023 Waiver of Oral Argument filed by Respondent.
January 16, 2023 On the Court's own Motion, the Parties having waived Oral Argument, the above-entitled Matter is deemed submitted as of this date. Panel: Grimes, Acting P.J., Wiley, J. and Viramontes, J.
January 16, 2023 Cause submitted.
January 16, 2023 Opinion filed, signed Unpublished, Affirmed in full – Grimes-Wiley-Viramontes. (11 pages)
January 31, 2024 Rehearing Petition filed by Appellant.
February 1, 2024 Petition for Rehearing denied.
February 26, 2024 Service copy of Petition for Review received by Respondent.
February 27, 2024 Record transmitted to Supreme Court electronically.
Filed
07/13/22
Court
Los Angeles County Superior Court, No. 22BBCV00511
Court
Second Appellate District Case No. B331399
Taxpayer’s Counsel
Janelle R. Polk
FTB’s Counsel
Douglas Beteta
FTB's Contact
Mary Yee
Year
2015, 2016, 2018
Amount
$13,456.00

Issues:

  1. Whether FTB correctly denied the taxpayer’s claim for refunds and whether there were violations of due process for the 2015, 2016, and 2018 tax years.

Status:

Date Status
July 13, 2022 Complaint filed by Plaintiff.
July 13, 2022 Civil Case Cover Sheet filed by Plaintiff.
July 13, 2022 Summons (on Complaint) filed by Plaintiff.
July 13, 2022 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
July 13, 2022 Order to Show Cause Failure to File Proof of Service on September 13, 2022 at 8:30 a.m. in Department B, filed by Clerk.
July 13, 2022 Notice of Case Management Conference on December 1, 2022 at 8:30 a.m. in Department B, filed by Clerk.
July 20, 2022 Proof of Service by Substituted Service filed by Plaintiff.
September 2, 2022 Proof of Service by Mail filed by Plaintiff.
September 15, 2022 Declaration of Demurring or Moving Party in Support of Automatic Extension, filed by FTB.
September 22, 2022 Notice of Case Reassignment and Order for Plaintiff to Give Notice, filed by Clerk.
September 22, 2022 Defendant FTB’s Notice of Demurrer and Demurrer to Compliant; Memorandum of Points and Authorities in Support Thereof, filed by FTB.
September 22, 2022 Declaration of Douglas J. Beteta in Support of Defendant FTB’s Demurrer to Complaint, filed by FTB.
September 22, 2022 Declaration of Lilly Smith in Support of Defendant FTB’s Demurrer to Complaint, filed by FTB.
September 22, 2022 Request for Judicial Notice in Support of Demurrer to Complaint, filed by FTB.
October 4, 2022 Proof of Electronic Service filed by Plaintiff.
October 24, 2022 Plaintiff's Opposition to Defendant's Demurrer filed by Plaintiff.
October 24, 2022 Plaintiff's Opposition to Defendant's Request for Judicial Notice filed by Plaintiff.
October 24, 2022 Declaration of Plaintiff in Opposition to Demurrer filed by Plaintiff.
October 28, 2022 FTB's Reply in Support of Demurrer to Complaint filed by FTB.
October 28, 2022 FTB's Reply in Support of Request for Judicial Notice in Support of Demurrer to Complaint filed by FTB.
October 28, 2022 Supplemental Declaration of Douglas J. Beteta in Support of FTB's Demurrer to Complaint filed by FTB.
October 28, 2022 FTB's Response to Plaintiff's Evidentiary Objections filed by FTB.
November 4, 2022 Minute Order (Hearing on Demurrer – Without Motion to Strike) filed by Clerk.
November 16, 2022 Answer filed by FTB.
November 16, 2022 Case Management Statement filed by FTB.
November 16, 2022 Notice of Ruling filed by FTB.
November 16, 2022 Case Management Statement filed by Plaintiff.
December 1, 2022 Minute Order (Case Management Conference) filed by Clerk.
December 8, 2022 Case Management Statement filed by FTB.
February 16, 2023 Motion for Summary Judgment filed by FTB.
February 16, 2023 Separate Statement filed by FTB.
February 16, 2023 Exhibit List (Compendium of Exhibits in Support of Motion for Summary Judgement filed by FTB).
February 16, 2023 Declaration of Jarrod Reiser in Support of Defendant FTB's Motion for Summary Judgement filed by FTB.
February 16, 2023 Declaration of Douglas J. Beteta in Support of Defendant FTB's Motion for Summary Judgement filed by FTB.
April 21, 2023 Separate Statement filed by Plaintiff.
April 21, 2023 Objection to Defendant's Evidence in Support of Motion for Summary Judgment filed by Plaintiff.
April 21, 2023 Memorandum in Opposition to FTB's Motion for Summary Judgment filed by Plaintiff.
April 28, 2023 Reply (FTB's Reply in Support of Motion for Summary Judgment) filed by FTB.
April 28, 2023 Response (FTB's Response to Plaintiff's Objections to Evidence Submitted by Defendant for Motion for Summary Judgment) filed by FTB.
April 28, 2023 Declaration (Reply Declaration of Jarrod Reiser in Support of Defendant FTB's Motion for Summary Judgment) filed by FTB.
May 4, 2023 Minute Order (Hearing on Motion for Summary Judgment) filed by Clerk.
May 4, 2023 Order Granting Summary Judgment in Favor of Defendant filed by Clerk.
May 4, 2023 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore.
May 10, 2023 Notice of Ruling filed by FTB.
May 11, 2023 Judgment (Summary Judgment – Before Trial – May 4, 2023 entered, Plaintiff to take nothing by virtue of the Complaint.) filed by FTB.
May 11, 2023 Notice of Entry of Judgment/Dismissal/Other Order filed by Clerk.
June 2, 2023 Memorandum of Costs (Summary) filed by FTB.
June 14, 2023 Notice of Rejection – Pleadings filed by Clerk.
July 10, 2023 Appeal – Notice of Appeal/Cross Appeal filed by Appellant.
July 10, 2023 Proof of Service (not Summons and Complaint) filed by Plaintiff.
July 14, 2023 Appeal – Notice of Filing of Notice of Appeal filed by Clerk.
July 20, 2023 Appeal – Notice Designating Record of Appeal APP-003/010/103 (with Proof of Service) filed by Appellant.
September 11, 2023 Appeal – Notice of Default Issued and filed by Clerk.
September 11, 2023 Updated - Appeal – Notice of Default Issued as to Parties.
October 19, 2023 Appeal – Notice of Court Reporter to Prepare Appeal Transcript filed by Clerk.
November 7, 2023 Appeal – Notice of Fees Due for Clerk’s Transcript on Appeal filed by Clerk.
January 19, 2024 Appeal Record Delivered filed by Clerk.
March 27, 2024 Notice of Case Reassignment and Order for Plaintiff to Give Notice filed by Clerk.

California Second Appellate District

August 31, 2023 Notice of Appeal filed July 10, 2023 lodged/received.
August 31, 2023 Default Notice sent – Appellant notified per Rule 8.100(c).
September 13, 2023 Appellant's Filing Fee paid by credit card.
September 19, 2023 Civil Case Information Statement filed by Plaintiff.
September 21, 2023 Appellant's Notice Designating Record on Appeal filed in Trial Court on July 20, 2023.
October 3, 2023 Returned document for non-conformance. A Proof of Service submitted September 28, 2023 via truefiling has been rejected. Missing Proof of Service.
January 26, 2024 Record on Appeal filed by Clerk. (280 pages)
February 28, 2024 Letter from Respondent's Attorney:

The two cases identified above are pending before the Second Appellate District of the California Court of Appeal. Case number B331399 has been assigned to Division Eight, while the record for case number B331387 has not been completed. The appeals are brought by the same appellant, Janelle R. Polk, against the same respondent, the Franchise Tax Board, my client. While also involving other issues, both cases raise the question of whether the "pay first, litigate later" rule of Section 32 of the California Constitution bars Ms. Polk's claims for refund for the 2015 tax year. The cases were related in the trial court. (See Polk v. Franchise Tax Board (Sup. Ct. Los Angeles Count, Sept. 19, 2022, No. 22 BBCV00170) Minute Order at p. 1.) Nonetheless, appellant's case information statement did not identify these two appeals as related. Thus, to avoid the possibility of conflicting opinions, I wanted to bring the cases to the Court's attention.

March 4, 2024 Stipulation of Extension of Time filed to Appellant's Opening Brief, due on May 6, 2024 by 61 days.
Filed
March 16, 2022
Court
Los Angeles County Superior Court, Case No. 22BBCV00170
Court
Second Appellate District Case No. B331387
Taxpayer’s Counsel
Janelle R. Polk
FTB’s Counsel
Douglas J. Beteta
Contact
Mary Yee
Year
2011, 2014, 2015
Amount
$24,254.56

Issues:

  1. Whether FTB's imposition of the Frivolous Return and Frivolous Submission Penalties for the 2011, 2014 and 2015 years were proper.
  2. Whether the taxpayer was afforded due process.

Status:

Date Status
March 16, 2022 Complaint filed by Plaintiff.
March 16, 2022 Civil Case Cover Sheet filed by Plaintiff.
March 16, 2022 Summons(on Complaint) filed by Plaintiff.
March 16, 2022 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
March 16, 2022 Order to Show Cause Failure to File Proof of Service filed by Clerk.
March 16, 2022 Notice of Case Management Conference filed by Clerk. Conference will be August 15, 2022 at 8:30 a.m. in Department B
March 21, 2022 Parties filed Joint Case Management Statement.
April 22, 2022 Stipulation and Order (to Continue Defendant's Deadline to Respond to Complaint and Proposed Order) filed by Plaintiff and FTB.
May 20, 2022 Notice of Related Case filed by FTB.
May 20, 2022 Answer to Complaint filed by FTB.
May 24, 2022 Proof of Service by Mail filed by Plaintiff.
July 18, 2022 Minute Order (Court Order Re: Notice of Related Cases) filed by Clerk.
July 18, 2022 Certificate of Mailing for (Court Order Re: Notice of Related Cases) of July 18, 2022 filed by Clerk.
July 20, 2022 Case Management Statement filed by FTB.
August 1, 2022 Case Management Statement filed by Plaintiff.
August 2, 2022 Proof of Electronic Service filed by Plaintiff.
August 15, 2022 Minute Order (Case Management Conference) filed by Clerk.
August 17, 2022 Notice of Continuance filed by FTB.
September 12, 2022 Consent to Electronic Service and Notice of Electronic Service Address filed by Plaintiff.
September 19, 2022 Minute Order (Case Management Conference) filed by Clerk.
September 27, 2022 Notice of Case Reassignment and Order for Plaintiff to Give Notice filed by Clerk.
September 29, 2022 Notice of Case Management Order filed by FTB.
October 4, 2022 Proof of Electronic Service filed by Plaintiff.
November 15, 2022 Answer filed by FTB.
November 15, 2022 Notice of Ruling filed by FTB.
November 15, 2022 Case Management Statement filed by FTB.
December 1, 2022 Minute Order (Status Conference) filed by Clerk.
February 15, 2023 Declaration of Jarrod Reiser in Support of Defendant FTB's Motion for Summary Judgment, or in the Alternative Summary Adjudication filed by FTB.
February 15, 2023 Declaration of Douglas J. Beteta in Support of Defendant FTB's Motion for Summary Judgment, or in the Alternative Summary Adjudication filed by FTB.
February 15, 2023 Declaration of Royce Larson filed by FTB.
February 15, 2023 Separate Statement filed by FTB.
February 15, 2023 Declaration of Lisa Mellor filed by FTB.
February 15, 2023 Exhibit List (Compendium of Evidence in Support of Summary Judgment) filed by FTB.
April 21, 2023 Separate Statement filed by Plaintiff.
April 21, 2023 Memorandum of Points and Authorities filed by Plaintiff.
April 21, 2023 Objection (Plaintiff's Objections to FTB Evidence for Summary Judgment) filed by Plaintiff.
April 28, 2023 Response (Defendant FTB's Response to Plaintiff's Objections to Evidence Submitted by Defendant for MSJ or in the Alternative Summary Adjudication) filed by FTB.
April 28, 2023 Reply (Defendant FTB's Reply in Support of MSJ or in the Alternative Summary Adjudication) filed by FTB.
May 5, 2023 Minute Order (Hearing on Motion for Summary Judgment) filed by Clerk.
May 5, 2023 Order Granting Summary Judgment in Favor of Defendant filed by Clerk.
May 5, 2023 Stipulation and Order to use Certified Shorthand Reporter filed by Clerk.
May 10, 2023 Notice of Ruling filed by FTB.
May 11, 2023 Judgment (Summary Judgment – Before Trial – May 5, 2023 entered, Plaintiff to take nothing by virtue of the Complaint.) filed by FTB.
May 11, 2023 Notice of Entry of Judgment/Dismissal/Other Order filed by Clerk.
June 2, 2023 Memorandum of Costs (Summary) filed by FTB.
June 14, 2023 Notice of Rejection – Pleadings filed by Clerk.
July 10, 2023 Appeal – Notice of Appeal/Cross Appeal filed by Appellant.
July 10, 2023 Proof of Service (Not Summons and Complaint) filed by Plaintiff.
July 14, 2023 Appeal – Notice of Filing of Notice of Appeal filed by Clerk.
July 20, 2023 Appeal – Notice Designating Record of Appeal APP-003/010/103 (with Proof of Service) filed by Appellant.
September 11, 2023 Appeal – Notice of Default Issued, filed by Clerk.
October 19, 2023 Appeal – Notice Court Reporter to Prepare Appeal Transcript, filed by Clerk.
November 15, 2023 Appeal – Notice of Fees Due for Clerk’s Transcript on Appeal filed by Clerk.
March 27, 2024 Notice of Case Reassignment and Order for Plaintiff to Give Notice filed by Clerk.

California Second Appellate District

August 30, 2023 Notice of Appeal filed July 10, 2023 lodged/received.
August 30, 2023 Default Notice sent – Appellant notified per Rule 8.100(c).
September 13, 2023 Appellant's Filing Fee paid by credit card.
September 14, 2023 Civil Case Information Statement filed by Appellant.
September 21, 2023 Appellant's Notice Designating Record on Appeal filed in Trial Court on July 20, 2023.
October 3, 2023 Return of document for non-conformance. A Proof of Service submitted on September 28, 2023 via Truefiling has been rejected. Missing Proof of Service.
February 28, 2024 Letter from Respondent Regarding Cases B331387 and B331399 filed.
Filed
November 22, 2023
Court
Los Angeles County Superior Court, Case No. 23STCV28625
Taxpayer’s Counsel
Yoni Fix, Reed Smith, LLP
FTB’s Counsel
Laura Robbins
FTB’s Contact
Ann Hodges
Years
2013, 2014, 2015, 2016
Amount
Approximately $3,247,248.00

Issues:

  1. Whether plaintiff is entitled to a Declaratory Judgment declaring CCR Sec. 25137-14 invalid because FTB allegedly failed to comply with the Administrative Procedure Act when promulgating.
  2. Whether plaintiff is entitled to a Declaratory Judgment that CCR Sec. 25137 -14 became invalid after the enactment of Proposition 39 without further showing of distortion.
  3. Whether plaintiff is entitled to a tax refund for the 2013-2016 tax years in the amount of $3,247,248 plus interest because FTB’s reliance on the methodology prescribed by CCR 25137-14 in sourcing the plaintiff’s receipts for those tax years was allegedly improper.

Status:

Date Status
November 22, 2023 Complaint filed by Plaintiff.
November 22, 2023 Civil Case Cover Sheet filed by Plaintiff.
November 22, 2023 Summons on Complaint filed by Plaintiff.
November 22, 2023 Alternate Dispute Resolution Packet filed by Clerk.
November 22, 2023 First Amended General Order Re: Mandatory Electronic Filing filed by Clerk.
November 22, 2023 Voluntary Efficient Litigation Stipulation Packet filed by Clerk.
November 22, 2023 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
November 28, 2023 Proof of Personal Service filed by Plaintiff.
November 30, 2023 Notice of Case Management Conference – March 21, 2024 at 8:30 a.m. in Department 48 filed by Clerk.
November 30, 2023 Address for Yoni Fix (Attorney) updated.
January 11, 2024 Declaration of Laura E. Robbins filed by FTB.
January 19, 2024 Pursuant to the request of Moving Party, Hearing on Demurrer-Without Motion to Strike scheduled for March 5, 2024 at 8:30 a.m. in Department 48, Not Held – Taken off Calendar by Party on January 19, 2024.
January 26, 2024 Pursuant to the request of Moving Party, Hearing on Demurrer-With Motion to Strike (CCP 430.10) scheduled for September 26, 2024 at 8:30 a.m. in Department 48, Not Held – Taken off Calendar by Party on January 26, 2024.
January 29, 2024 Application to be Admitted Pro Hac Vice filed by Plaintiff; as to FTB.
January 30, 2024 Hearing on Motion to be Admitted Pro Hac Vice scheduled for February 20, 2024 at 8:30 a.m. in Department 48.
February 1, 2024 Amended Complaint (1st) filed by Plaintiff; as to FTB.
February 6, 2024 Notice of Non-Opposition to Pro Hac Vice Applications of Kyle O. Sollie and Paul E. Melniczak; filed by FTB; as to Plaintiff.
February 16, 2024 Updated – Plaintiff's Application for the Admission of Kyle O. Sollie to Appear as Counsel Pro Hac Vice; as to Parties changed from FTB to Plaintiff.
February 16, 2024 Updated – Plaintiff's Application for the Admission of Paul E. Melniczak to Appear as Counsel Pro Hac Vice; as to Parties changed from FTB to Plaintiff.
February 20, 2024 Hearing on Motion to be Admitted Pro Hac Vice of Counsel Paul E. Melniczak scheduled for February 20, 2024 at 8:30 a.m. in Department 48 updated: Motion Granted.
February 20, 2024 Hearing on Motion to be Admitted Pro Hac Vice of Counsel Kyle O. Sollie scheduled for February 20, 2024 at 8:30 a.m. in Department 48 updated: Motion Granted.
February 20, 2024 Certificate of Mailing for Plaintiff's Application for the Admission of Pro Hac Vice filed by Clerk.
February 20, 2024 Minute Order for Plaintiff's Application for the Admission of Pro Hac Vice filed by Clerk.
February 22, 2024 Non-Appearance Case Review Re: Annual Pro Hac Vice Renewal Fees by Kyle O. Sollie scheduled for February 21, 2025 at 9:00 a.m. in Department 48.
February 22, 2024 Non-Appearance Case Review Re: Annual Pro Hac Vice Renewal Fees by Paul E. Melniczak scheduled for February 21, 2025 at 9:00 a.m. in Department 48.
February 28, 2024 Declaration of Jaymie Mora ISO Demurrer filed by FTB.
February 28, 2024 Memorandum of Points and Authorities filed by FTB.
February 29, 2024 Updated – Event scheduled for July 18, 2024 at 8:30 a.m. in Department 48 changed from Hearing on Demurrer – With Motion to Strike (CCP 430.10) to Hearing on Demurrer – Without Motion to Strike.
March 1, 2024 Hearing on Demurrer – Without Motion to Strike scheduled for July 18, 2024 at 8:30 a.m. in Department 48.
March 1, 2024 Case Management Statement filed by FTB.
March 12, 2024 Notice of Change of Handling Attorney filed by Plaintiff as to FTB.
March 12, 2024 Notice of Appearance filed by Plaintiff.
March 13, 2024 Case Management Statement filed by Plaintiff.
March 14, 2024 Certificate of Mailing for Court Order Regarding Stipulation Allowing Plaintiff to file Second Amended Complaint filed by Clerk.
March 14, 2024 Minute Order for Court Order Regarding Stipulation Allowing Plaintiff to file Second Amended Complaint filed by Clerk.
March 14, 2024 Notice Stipulation Allowing Plaintiff to File Second Amended Complaint (Proposed) Order; signed and filed by Plaintiff as to FTB.
March 14, 2024 Updated - Notice Stipulation Allowing Plaintiff to File Second Amended Complaint (Proposed) Order; signed and filed by Plaintiff as to FTB.
March 14, 2024 Updated – Demurrer – Without Motion to Strike to Second Amended Complaint for Refund of Taxes and Declaratory Relief – ID 135679682260: Name Extension: to Second Amended Complaint for Refund of Taxes and Declaratory Relief.
March 18, 2024 Notice of Remote Appearance filed by Plaintiff as to FTB.
March 20, 2024 Amended Complaint (3rd) filed by Plaintiff.
March 20, 2024 Notice of Errata Regarding Incorrect Firm Address filed by Plaintiff.
March 21, 2024 Minute Order (Case Management Conference) filed.
March 21, 2024 Updated - Amended Complaint (3rd) filed by Plaintiff; Result: Stricken; Result Date: March 21, 2024.
March 22, 2024 Pursuant to Oral Stipulation, Case Management Conference scheduled for March 21, 2024 at 8:30 a.m. in Department 48 Held – Continued to July 18, 2024 at 8:30 a.m.
March 22, 2024 Case Management Conference scheduled for July 18, 2024 at 8:30 a.m. in Department 48.
Filed
October 17, 2023
Court
San Francisco County Superior Court, Case № CGC23609822
Taxpayer’s Counsel
Chris Housh, Housh Tax Law, A.P.C.
FTB’s Counsel
Doug Beteta
Contact
Scott DePeel
Year
2018
Amount
Approximately $92,857.91

Issues:

1. Whether plaintiffs are entitled to a claim for refund under the reasonable cause exception under Revenue and Taxation Code Sec 19132.

Status:

Date Status
October 17, 2023 Other Non-Exempt Complaints, filed by Plaintiffs as to FTB's No Summons Issued, Judicial Council Civil Case Cover Sheet not filed. Case Management Conference scheduled for March 20, 2024, Proof of Service due on December 18, 2023, Case Management Statement due on February 26, 2024.
October 17, 2023 Complaint for Refund of Personal Income Taxes filed.
October 17, 2023 Civil Case Coversheet filed by Plaintiffs.
October 17, 2023 Notice to Plaintiffs.
October 19, 2023 Summons issued to Plaintiffs.
January 25, 2024 Demurrer to Complaint, Proof of Service, Points and Authorities filed by FTB. Hearing set for February 22, 2024 at 9:30 a.m. in Department 302.
January 25, 2024 Declaration of Douglas Beteta in Support of FTB's Demurrer to Complaint for Refund of Personal Income Taxes filed by FTB.
February 2, 2024 Opposition to Defendant's Demurrer to Complaint Memorandum of Points and Authorities in Support Thereof filed by Plaintiffs.
February 14, 2024 Reply in Support of Defendant FTB's Demurrer to Complaint for Refund of Personal Income Taxes filed by FTB.
February 22, 2024 Mini Minutes for February 22, 2024 9:30 a.m. for Department 302 filed.
February 22, 2024 Law and Motion, Department 302 as to the February 22, 2024 Hearing Re: FTB's Demurrer to Complaint, the Court continues the Matter to March 11, 2024 at 9:30 a.m. in Department 302.
March 1, 2024 FTB's Supplemental Brief in Support of Demurrer to Complaint for Refund of Personal Income Taxes filed by FTB.
March 1, 2024 Supplemental Brief in Opposition to Defendant's Demurrer to Complaint filed by Plaintiffs.
March 6, 2024 Case Management Statement filed by FTB. Estimated time for Trial – 2 Days.
March 6, 2024 Case Management Statement filed by Plaintiffs. Estimated time for Trial – 3 hours.
March 7, 2024 Case Management Conference of March 20, 2024 continued to May 1, 2024 at 10:30 a.m. in Department 610. Notice sent by Court.
March 11, 2024 Order Sustaining FTB's Demurrer to Complaint for Refund of Personal Income Taxes Without Leave to Amend.
March 11, 2024 Mini Minutes for March 11, 2024 at 9:30 a.m. for Department 302.
March 11, 2024 Law and Motion, Department 302 as to the March 11, 2024 Hearing Re: FTB's Demurrer to Complaint, the Court takes the Matter under Submission. After the Hearing, the Court signs an Order Sustaining the Demurrer Without Leave to Amend.
March 13, 2024 Notice of Entry of Order/Notice of Ruling filed by FTB.
March 13, 2024 Notice of Lodgment of (Proposed) Judgment filed by Plaintiffs.
March 21, 2024 The Court Ordered the following Judgment Entered: It is Adjudged that Plaintiffs take nothing from FTB, see scanned document.
March 26, 2024 Notice of Entry of Judgment filed.
Filed
November 11, 2023
Court
Los Angeles County Superior Court, Case № 23PSCV03555
Taxpayer’s Counsel
Jose Guzman Salcedo (In Pro Per)
FTB’s Counsel
Jarrod Wood
Contact
Mary Yee
Years
2001, 2002, 2003
Amount
$0.00

Issues:

1. Whether there are allegations of abusive tax audit, professional and general negligence, and intentional tort.

Status:

Date Status
November 17, 2023 Complaint filed by Plaintiffs.
November 17, 2023 Order on Court Fee Waiver (Superior Court) filed by Clerk.
November 17, 2023 Civil Case Cover Sheet filed by Plaintiffs.
November 17, 2023 Summons (on Complaint) filed by Clerk.
November 17, 2023 Alternate Dispute Resolution Packet filed by Clerk.
November 17, 2023 First Amended General Order Regarding Mandatory Electronic Filing filed by Clerk.
November 17, 2023 Voluntary Efficient Litigation Stipulation Packet filed by Clerk.
November 17, 2023 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
November 20, 2023 Notice of Case Management Conference filed by Clerk.
November 20, 2023 Order to Show Cause Failure to File Proof of Service filed by Clerk.
November 20, 2023 Order to Show Cause Regarding Failure to File Proof of Service scheduled for April 18, 2024 at 8:30 a.m. in Department G.
November 20, 2023 Case Management Conference scheduled for April 18, 2024 at 8:30 a.m. in Department G.
December 27, 2023 Request for Copies filed by Plaintiffs.
January 3, 2024 Order on Court Fee Waiver (Superior Court) filed by Clerk.
January 10, 2024 Updated -- Proof of Service by Mail Party not listed on Complaint: Name Extension changed from Party not listed on Complaint to Party not listed on Complaint.
January 10, 2024 Proof of Service by Mail Party not listed on Complaint - Rejected; Submitted by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); After Substituted Service of Summons and Complaint? No.
January 10, 2024 Updated -- Proof of Service by Mail served Party not listed on Complaint: Name Extension: served Party not listed on Complaint.
January 10, 2024 Proof of Service by Mail - Rejected; Submitted by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); After Substituted Service of Summons and Complaint? No.
January 10, 2024 Updated – Proof of Personal Service: Document changed from Proof of Publication to Proof of Personal Service.
January 10, 2024 Proof of Personal Service; Filed by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); As to: Franchise Tax Board (Defendant); Service Costs Waived: No; Service Cost Waived: No.
January 10, 2024 Proof of Personal Service; Filed by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); As to: E*Trade Financial Corp (Defendant); Service Cost Waived: No.
January 10, 2024 Proof of Personal Service; Filed by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); As to: Attorney Michael D. Lane (E*Trade Counsel) (Defendant); Service Cost Waived: No.
January 10, 2024 Proof of Personal Service; Filed by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); As to: Bank of America Corp, (Bank of America, Rancho Cucamonga Branch) (Defendant); Service Cost Waived: No.
January 10, 2024 Proof of Personal Service; Filed by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); As to: E*Trade Securities Inc Federal I.D. No:77-0116489 (Defendant); Service Cost Waived: No.
January 10, 2024 Proof of Service by Mail; Filed by: Jose Guzman Salcedo (Plaintiff); As to: E*Trade Financial Corp (Defendant); After Substituted Service of Summons and Complaint ?: No.
January 10, 2024 Proof of Service by Mail; Filed by: Jose Guzman Salcedo (Plaintiff); As to: Attorney Michael D. Lane (E*Trade Counsel) (Defendant); After Substituted Service of Summons and Complaint ?: No.
January 10, 2024 Proof of Personal Service; Filed by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); As to: Attorney Michael D. Lane (E*Trade Counsel) (Defendant); Service Cost Waived: No.
January 29, 2024 Proof of Personal Service; Filed by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); As to: John Edward Bersin (General Counsel) (Defendant); Service Cost Waived: No.
January 29, 2024 Proof of Personal Service; Filed by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); As to: E*Trade Securities LLC (Defendant); Service Cost Waived: No.
January 29, 2024 Proof of Personal Service; Filed by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); As to: Franchise Tax Board (Defendant); Service Cost Waived: No.
January 29, 2024 Proof of Personal Service; Filed by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); As to: E*Trade Financial LLC (Defendant); Service Cost Waived: No.
January 29, 2024 Proof of Personal Service; Filed by: Jose Guzman Salcedo (Plaintiff); Rafael R. Salcedo (Plaintiff); As to: Bank of America Corp, (Bank of America, Rancho Cucamonga Branch) (Defendant); Service Cost Waived: No.
February 16, 2024 Declaration of Demurring Party Regarding Meet and Confer filed by Bank of America Corp, Rancho Cucamonga Branch (Defendant).
February 16, 2024 Request for Judicial Notice filed by Bank of America Corp, Rancho Cucamonga Branch (Defendant).
February 16, 2024 Demurrer – Without Motion to Strike filed by Bank of America Corp, Rancho Cucamonga Branch (Defendant).
February 20, 2024 Hearing on Demurrer – Without Motion to Strike scheduled for April 18, 2024 at 8:30 a.m. in Department G.
February 27, 2024 Pursuant to the request of moving Party, Hearing on Demurrer – Without Motion to Strike scheduled for March 20, 2024 at 8:30 a.m. in Department G, not held. Rescheduled by Party to March 27, 2024 at 8:30 a.m.
February 29, 2024 Demurrer – Without Motion to Strike filed by E*Trade Securities LLC; John Edward Bersin (General Counsel)(Defendant).
February 29, 2024 Declaration of Henry A. Stroud in Support of Defendant's E*Trade Securities LLC and John Edward Bersin's Demurrer to the Complaint filed by E*Trade Securities LLC; John Edward Bersin (General Counsel)(Defendant).
February 29, 2024 Notice Proposed Order filed by E*Trade Securities LLC; John Edward Bersin (General Counsel)(Defendant) as to Plaintiffs.
February 29, 2024 Declaration of John Bersin filed by E*Trade Securities LLC; John Edward Bersin (General Counsel)(Defendant).
February 29, 2024 Motion to Compel Arbitration filed by E*Trade Securities LLC; John Edward Bersin (General Counsel)(Defendant) as to Plaintiffs.
March 1, 2024 Hearing on Demurrer – Without Motion to Strike scheduled for March 27, 2024 at 8:30 am. In Department G – Not Held – Vacated by Court on March 1, 2024.
March 5, 2024 Hearing on Motion to Compel Arbitration scheduled for April 15, 2024 at 8:30 am. in Department G.
March 13, 2024 Proof of Service of Summons – Civil filed by Plaintiffs as to E*Trade Financial LLC (Defendant) after Substituted Service of Summons and Complaint? No.
March 13, 2024 Proof of Service by Mail – Civil filed by Plaintiffs after Substituted Service of Summons and Complaint? No.
March 13, 2024 Proof of Service of Summons – Civil filed by Plaintiffs as to TIR Holdings Limited, A Cayman Islands Company (Defendant) after Substituted Service of Summons and Complaint? No.
March 13, 2024 Proof of Service by Mail – Civil filed by Plaintiffs as to E*Trade Securities LLC, John Edward Bersin, Bank of America Corp., after Substituted Service of Summons and Complaint? No.
March 13, 2024 Declaration of Jose Guzman Salcedo in Support of Proof of Service and Demurring or Moving Party Regarding Meet and Confer filed by Plaintiffs.
March 25, 2024 Notice of Remote Appearance filed by E*Trade Securities LLC; John Edward Bersin (General Counsel) as to Plaintiffs.
March 26, 2024 On the Court's own Motion, Hearing on Motion to Compel Arbitration scheduled for April 15, 2024 at 8:30 a.m. in Department G Not Held – Continued – Court Congestion was rescheduled to April 18, 2024 at 8:30 a.m.
March 26, 2024 On the Court's own Motion, Hearing on Demurrer – Without Motion to Strike scheduled for March 27, 2024 at 8:30 a.m. in Department G Not Held – Advanced and Continued – by Court and rescheduled to April 18, 2024 at 8:30 a.m.
March 26, 2024 Notice Regarding Continuance of Hearing and Order filed by Clerk.
March 27, 2024 Proof of Personal Service filed by Plaintiffs as to FTB; Service Cost Waived: No.
March 27, 2024 Proof of Personal Service filed by Plaintiffs as to E*Trade Securities LLC and John Edward Bersin (General Counsel); Service Cost Waived: No.
March 27, 2024 Proof of Service by Mail filed by Plaintiffs; Bank of America Corp.; After Substituted Service of Summons and Complaint; Service Cost Waived: No.
March 27, 2024 Declaration of Jose Guzman filed by Plaintiffs.
March 29, 2024 Case Management Statement filed by Bank of America Corp.
Filed
February 1, 2024
Court
San Francisco County Superior Court, Case № CGC-24-612060
Taxpayer’s Counsel
Amy L. Silverstein
FTB’s Counsel
Douglas Beteta
FTB’s Contact
Renel Sapiandante
Years
2015
Amount
Approximately $1,665,451.00

Issues:

  1. Whether certain dividends were properly deductible pursuant to RTC § 24411(c).
  2. Whether the deductible dividends should be included in the denominator of the fraction used to determine the portion of Plaintiff's total income that is taxable under RTC 25134.

Status:

Date Status
February 1, 2024 Other Non-Exempt Complaint filed by Plaintiff. No Summons issued, Judicial Council Civil Cover Sheet not filed. Case Management Conference scheduled for July 3, 2024. Proof of Service due on April 2, 2024. Case Management Statement due on June 10, 2024.
February 1, 2024 Civil Case Coversheet filed by Plaintiff.
February 1, 2024 Notice to Plaintiff.
February 2, 2024 Summons issued to Plaintiff.
February 15, 2024 Summons on Complaint, Proof of Service Only, filed by Plaintiff, served February 5, 2024, Substitute Service on Natural Person, Mailing Date, February 6, 2024 as to FTB.
March 20, 2024 Answer to Complaint filed by FTB.
Filed
May 19, 2023
Court
Sacramento County Superior Court, Case № 23CV001987
Taxpayer’s Counsel
Michael Erwin Ellis (In Pro Per)
FTB’s Counsel
Jack Nick
FTB’s Contact
Mary Yee
Years
2018, 2019
Amount
$320,000.00

Issues:

  1. Whether Plaintiff has shown that there was improper collection action.

Status:

Date Status
May 19, 2023 Case assigned to Hon. Richard K. Sueyoshi in Department 53.
May 19, 2023 Civil Case Cover Sheet filed by Plaintiff.
May 19, 2023 Complaint filed by Plaintiff.
May 22, 2023 Case Management Conference scheduled for April 5, 2024 at 8:30 a.m. in Department 43.
May 22, 2023 Notice of Case Assignment and Case Management Conference filed by Clerk.
May 22, 2023 Summons on Complaint issued and filed by Clerk.
July 24, 2023 Proof of Personal Service filed by Plaintiff as to FTB. Service date July 24, 2023, Service cost was not waived.
August 22, 2023 Demurrer to Complaint filed by FTB.
August 22, 2023 Hearing on Demurrer scheduled for December 7, 2023 at 1:30 p.m. in Department 53.
September 5, 2023 Public Notice – Notice of Contradiction to Demurrer filed by Plaintiff.
October 2, 2023 Notice of Rejection – Request for Default/Judgment filed by Clerk.
October 10, 2023 Notice of Error filed by Plaintiff.
November 16, 2023 Notice Request for Summary Judgment filed by Plaintiff.
November 30, 2023 Reply to Notice of Contradiction to Demur filed by FTB.
December 6, 2023 Tentative Ruling (Demurrer) filed.
December 7, 2023 Notice of Rebuttal to Defendant's Extremely Late Reply filed by Plaintiff.
December 7, 2023 Hearing on Demurrer scheduled for December 7, 2023 at 1:30 p.m. in Department 53 – Result Type to Held.
December 7, 2023 Minute Order (Hearing on Demurrer) filed.
December 7, 2023 Amended Minute Order (Hearing on Demurrer) filed.
January 3, 2024 Proposed Order Regarding Dismissal filed by FTB.
January 4, 2024 Notice of Rejection – General filed by Clerk.
March 1, 2024 Ex Parte Application to Dismiss Case Following Demurrer filed by FTB as to Plaintiff.
March 1, 2024 Updated – Ex Parte Application to Dismiss Case Following Demurrer – Granted; Result date: March 4, 2024.
March 5, 2024 Minute Order (Ex Parte Proceedings) filed.
March 6, 2024 Proposed Judgment of Dismissal filed by FTB.
March 25, 2024 Notice of Entry of Judgment/Dismissal/Other Order filed by FTB.
March 25, 2024 Court Orders Judgment entered for FTB against Plaintiff on Complaint filed by Plaintiff on May 19, 2023.
March 25, 2024 Updated – Proposed Judgment of Dismissal Granted, Result Date: March 22, 2024.
March 25, 2024 Proposed Judgment of Dismissal signed and filed by FTB as to Plaintiff.
March 25, 2024 Case Management Conference scheduled for April 5, 2024 at 8:30 a.m. in Department 43 Not Held – Vacated by Court on March 25, 2024.
Filed
06/11/21
Court
Los Angeles County Superior Court, Case № 21STCV21844
Court
Court of Appeal Second Appellate District, Case No. B318787
Taxpayer’s Counsel
Mardiros H. Dakessian
FTB’s Counsel
Anna Barsegyan
Contact
Ann Hodges
Year
2017
Amount
$32,393.34

Issues:

  1. Whether Proposition 39, California’s Clean Energy Jobs Act approved in November of 2012 violates the Single Subject Rule of the California Constitution (Article II, Section 8d).

Status:

Date Status
June 11, 2021 Complaint filed by Plaintiff.
June 11, 2021 Summons (on Complaint) filed by Plaintiff.
June 11, 2021 Civil Case Cover Sheet filed by Plaintiff.
June 11, 2021 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
June 15, 2021 Notice of Case Management Conference filed by Clerk. Case Management Conference is scheduled for September 13, 2021 at 2:00 p.m.
June 21, 2021 Proof of Personal Service filed by Plaintiff.
July 19, 2021 Demurrer – Without Motion to Strike filed by FTB
July 19, 2021 Declaration (Of Demurring or Moving Party Regarding Meet and Confer) filed by FTB
July 27, 2021 Application to be Admitted Pro Hac Vice filed by Plaintiff
August 18, 2021 Minute Order (Hearing on Motion to be Admitted Pro Hac Vice) filed by Clerk
August 18, 2021 Order Re Application for Admission Pro Hac Vice
August 24, 2021 Notice of Ruling filed by Plaintiff
August 27, 2021 Case Management Statement filed by Plaintiff
August 30, 2021 Case Management Statement filed by FTB
August 31, 2021 Minute Order (Non-Appearance Case Review) filed by Clerk
August 31, 2021 Certificate of Mailing for (Non-Appearance Case Review of 8/31/2021) filed by Clerk
September 13, 2021 Minute Order (Case Management Conference) filed by Clerk
October 20, 2021 Case Management Statement filed by Plaintiff
October 27, 2021 Opposition (to FTB’s Demurrer to Complaint) filed by Plaintiff
October 27, 2021 Request for Judicial Notice filed by Plaintiff
November 3, 2021 FTB’s Reply in Support of Its Demurrer to Plaintiff’s Complaint filed by FTB
November 10, 2021 Minute Order (Hearing on Defendant’s Demurrer – Without Motion to Strike) filed by Clerk
November 10, 2021 Certificate of Mailing for (Hearing on Defendant’s Demurrer – Without Motion to Strike) of November 10, 2021, filed by Clerk
November 10, 2021 Order to Deposit (Re FTB’s Demurrer to Plaintiff’s Complaint for Refund of Taxes) filed by Clerk
November 10, 2021 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore filed by FTB
November 10, 2021 Notice of Ruling filed by FTB
February 3, 2022 Judgment filed by FTB.
February 7, 2022 Certificate of Mailing filed by Clerk.
February 8, 2022 Notice (of Entry of Judgment on Plaintiff’s Complaint for Refund of Taxes) filed by FTB.
February 9, 2022 Appeal – Notice of Appeal/Cross Appeal filed by Plaintiff.
February 17, 2022 Appeal – NTC Designating Record of Appeal APP-003/010/103 filed by Plaintiff.
February 28, 2022 Appeal – Notice of Filing of Notice of Appeal filed by Clerk.
May 2, 2022 Appeal – Notice Appellate Proceedings Not Reported/Recorded, filed by Clerk.
July 22, 2022 Appeal Document (B318787, NA2/9/22; DCA ORDER) Filed by Clerk.
July 27, 2022 Appeal – Notice Designating Record of Appeal APP-003/010/103 (Amended) Filed by Appellant.
August 18, 2022 Minute Order (Hearing - Other re: payment of annual fees) Filed by Clerk.
September 22, 2022 Appeal – Notice Court Reporter to Prepare Appeal Transcript, filed by Clerk.
December 2, 2022 Appeal Record Delivered, filed by Clerk.
December 28, 2023 Appeal Remittitur Affirmed (NOA 2/9/2022 B318787).

Court of Appeal Fourth Appellate District

March 3, 2022 Appeal filed on February 9, 2022 by Appellant.
March 25, 2022 The civil case information statement for the above-entitled appeal was received and filed on March 8, 2022. However, it is insufficient, as you did not attach a written, signed order or judgment of dismissal. (Code Civ. Proc. § 581d.) Ordinarily, no appeal lies from an order sustaining a demurrer without leave to amend; it lies instead in the signed order or judgment of dismissal entered after the order sustaining the demurrer.
April 5, 2022 Appellant’s response to the Court's Notice sent March 25, 2022.
April 14, 2022 Notice per Rule 8.124 – with Reporter's Transcript filed.
April 25, 2022 The court has read and considered appellant One Technologies, LLC's response to the clerk's notice sent on March 25, 2022. The March 25, 2022 notice is discharged. The final determination of the appeal ability of the appealed judgment is deferred to the panel in the division that will hear the appeal.
May 13, 2022 Appellant's Motion for Leave to File an Amended Designation of Record filed.
July 22, 2022 Appellant's Motion for Leave to File an Amended Designation of Record filed on May 13, 2022 is granted. Appellant shall file Amended Designation of Record within 7 days.
September 15, 2022 Amended Designation dated July 27, 2022 filed.
December 2, 2022 Reporter's Transcript filed.
December 21, 2022 Stipulation of Extension of Time to File Appellant's Appendix and Opening Brief filed. Appellant's Appendix and Operating Brief due on March 13, 2023.
February 24, 2023 Pro Hac Vice Application of Michael P. Penza for Appellant.
March 8, 2023 Pro Hac Vice Granted.
March 10, 2023 Appellant's Appendix and Opening Brief filed.
April 4, 2023 Stipulation of Extension of time filed to Respondent's Brief, due on June 9, 2023.
June 9, 2023 FTB's Brief was filed.
June 13, 2023 Stipulation of Extension of Time filed to extend deadline for Appellant's Reply Brief, due on August 28, 2023.
August 25, 2023 Appellant's Reply Brief filed.
August 25, 2023 Case fully briefed.
September 21, 2023 Calendar Notice sent – Tuesday October 17, 2023 at 9:00 a.m.
September 25, 2023 Request for Oral Argument filed by Appellant.
September 28, 2023 Request for Oral Argument filed by FTB.
October 17, 2023 Case argued and submitted.
October 23, 2023 Opinion filed, signed, and published. The Judgment is affirmed. Respondent is awarded its costs on Appeal.
December 28, 2023 Remittitur issued.
December 28, 2023 Case Complete.
Filed
April 3, 2023
Court
Los Angeles County Superior Court, Case № 23STCV07466
Taxpayer’s Counsel
Robert B. Roenstein
FTB’s Counsel
Caroline Lam
FTB’s Contact
Scott De Peel
Year
2012
Amount
$324,254.82

Status:

Date Status
April 3, 2023 Complaint filed by Plaintiffs.
April 3, 2023 Civil Case Cover Sheet filed by Plaintiffs.
April 3, 2023 Summons (on Compliaint) filed by Plaintiffs.
April 3, 2023 Alternate Dispute Resolution Packet filed by Clerk.
April 3, 2023 First Amended General Order Re: Mandatory Electronic Filing filed by Clerk.
April 3, 2023 Voluntary Efficient Litigation Stipulation Packet filed by Clerk.
April 3, 2023 Notice of Case Assignment - Unlimited Civil Case filed by Clerk.
April 19, 2023 Notice of Case Management Conference to be held on August 31, 2023 at 8:30 a.m. filed by Clerk.
April 25, 2023 Proof of Personal Service filed by Plaintiffs.
May 18, 2023 Answer filed by FTB.
August 16, 2023 Case Management Statement filed by FTB.
August 16, 2023 Case Management Statement filed by Plaintiffs.
August 16, 2023 Notice of Consent to Electronic Service and Notice of Electronic Service Address filed by Plaintiffs.
August 31, 2023 Case Management Conference scheduled for August 31, 2023 at 8:30 a.m. in Department 31 updated: Result date to August 31, 2023; Result type to held.
August 31, 2023 Minute Order (Case Management Conference) filed by Clerk.
August 31, 2023 Final Status Conference scheduled for June 7, 2024 at 8:30 a.m. in Department 30
August 31, 2023 Non-Jury Trial scheduled for June 17, 2024 at 8:30 a.m. in Department 30.
January 22, 2024 Informal Discovery Conference scheduled for April 15, 2024 at 1:30 p.m. in Department 30.
January 22, 2024 Minute Order (Court Order Regarding Request for Informal Discovery Conference) filed by Clerk.
January 24, 2024 Notice (of Informal Discovery Conference) filed by FTB.
March 1, 2024 Hearing on Motion for Summary Judgment scheduled for May 16, 2024 at 8:30 a.m. in Department 30.
March 1, 2024 Motion for Summary Judgment filed by FTB as to Plaintiffs.
March 1, 2024 Request for Judicial Notice filed by FTB.
March 1, 2024 Declaration of Nataly Madrigal filed by FTB.
March 1, 2024 Declaration of Caroline Lam filed by FTB.
March 1, 2024 Exhibit List filed by FTB.
March 1, 2024 Separate Statement filed by FTB.
March 4, 2024 Summary of the Case Compendium of Evidence in Support of Plaintiffs' Motion for Summary Judgment (Part 3) filed by Plaintiffs.
March 4, 2024 Summary of the Case Compendium of Evidence in Support of Plaintiffs' Motion for Summary Judgment (Part 2) filed by Plaintiffs.
March 4, 2024 Summary of the Case Compendium of Evidence in Support of Plaintiffs' Motion for Summary Judgment (Part 4) filed by Plaintiffs.
March 4, 2024 Separate Statement filed by Plaintiffs.
March 4, 2024 Summary of the Case Compendium of Evidence in Support of Plaintiffs' Motion for Summary Judgment filed by Plaintiffs.
March 4, 2024 Declaration of Richard Patterson in Support of Motion filed by Plaintiffs.
March 4, 2024 Motion for Summary Judgment filed by Plaintiffs as to FTB.
March 5, 2024 On the Court's own Motion, Hearing on Motion for Summary Judgment scheduled for May 23, 2024 at 8:30 a.m. in Department 30 not held – Continued – Court's Motion was rescheduled to May 30, 2024 at 8:30 a.m.
March 5, 2024 On the Court's own Motion, Hearing on Motion for Summary Judgment scheduled for May 16, 2024 at 8:30 a.m. in Department 30 not held – Continued – Court's Motion was rescheduled to May 23, 2024 at 8:30 a.m.
March 5, 2024 Hearing on Motion for Summary Judgment scheduled for May 28, 2024 at 8:30 a.m. in Department 30.
March 5, 2024 Notice Regarding Continuance of Hearing and Order filed by Clerk.
March 5, 2024 Proof of Service (Not Summons and Complaint) filed by Plaintiffs as to FTB.
March 6, 2024 Proof of Personal Service filed by FTB as to Plaintiffs; Service Date: March 1, 2024; Service Cost Waived: No.
March 18, 2024 Declaration in Support of Ex Parte Application filed by Plaintiffs.
March 18, 2024 Proof of Service (Not Summons and Complaint) filed by Plaintiffs.
March 18, 2024 Ex Parte Application to Continue Plaintiffs' and Defendant's Motions for Summary Judgment and Trial filed by Plaintiffs.
March 19, 2024 FTB's Opposition to Plaintiffs' Ex Parte Motion filed by FTB.
March 19, 2024 Declaration of Caroline C. Lam ISO FTB's Opposition to Plaintiffs' Ex Parte Motion filed by FTB.
March 19, 2024 Hearing on Ex Parte Application to Continue Plaintiffs' and Defendant's Motion for Summary Judgment and Trial scheduled for March 20, 2024 at 8:30 a.m. in Department 30.
March 20, 2024 Hearing on Ex Parte Application to Continue Plaintiffs' and Defendant's Motions for Summary Judgment and Trial Scheduled for March 20, 2024 at 8:30 a.m. in Department 30 updated: Result Date to March 20, 2024; Result Type to Held – Motion Denied.
March 20, 2024 Minute Order (Hearing on Ex Parte Application to Continue Plaintiffs' and Defendant's Motions for Summary Judgment and Trial Scheduled for March 20, 2024 at 8:30 a.m.)
March 20, 2024 Updated - Ex Parte Application to Continue Plaintiffs' and Defendant's Motions for Summary Judgment and Trial filed by Plaintiffs; Result: Denied; Result Date: March 20, 2024.
March 22, 2024 Hearing on Motion to Continue Motions for Summary Judgment scheduled for April 19, 2024 at 8:30 a.m. in Department 30.
March 22, 2024 Declaration in Support of Motion to Continue filed by Plaintiffs.
March 22, 2024 Motion to Continue Motions for Summary Judgment filed by Plaintiffs.
March 22, 2024 Notice of Ruling filed by Plaintiffs.
March 25, 2024 Notice of Withdrawal of Informal Discovery Conference filed by FTB.
Filed
December 22, 2023
Court
United States District Court for the Middle District of Florida, Case № 8-23-cv-2952-KKM-AEP
Taxpayer’s Counsel
Raymond Grant Parkman (In Pro Per)
FTB’s Counsel
Donny Le
FTB’s Contact
Mary Yee
Years
2015 - 2023
Amount
Approximately $67,727.19

Issues:

  1. Whether there is a false claim of tax liability for tax years 2015 – 2023.

Status:

Date Status
December 22, 2023 Complaint against Deputy Assistant Attorney General, State of California with Jury Demand filed by Plaintiff. No In Forma Pauperis (IFP) filed. Exhibit, Affidavit, Civil Cover Sheet, Proposed Summons, and mailing envelope filed.
January 3, 2024 Fees paid by Plaintiff, filing fee $405.00, receipt number TPA069722.
January 16, 2024 Proof of Service by Plaintiff as to David A. Hubbert on January 3, 2024 filed.
January 16, 2024 Return of Service executed by Plaintiff as to FTB Agent John Does 1-100 on January 3, 2024.
January 16, 2024 Certificate of Service by Plaintiff regarding Complaint filed.
January 17, 2024 Order Dismissing Plaintiff's Complaint. Plaintiff may file an Amended Complaint by January 31, 2024. Signed by Judge Kathryn Kimball Mizelle on January 17, 2024.
January 17, 2024 Motion for Donny P. Le to appear Pro Hac Vice by Deputy Assistant Attorney General. Motions referred to Magistrate Judge Anthony E. Porcelli filed.
January 19, 2024 Set/Reset deadlines/Hearings: Amended Complaint due by January 31, 2024.
January 23, 2024 Endorsed Order granting Motion to Appear Pro Hac Vice. Attorney Donny P. Le may appear Pro Hac Vice on behalf of Defendant. Within 21 days of the date of this Order, Counsel shall comply with the fee and electronic filing requirements and file a Notice of Compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on January 23, 2024.
January 29, 2024 Notice of appeal as to Order by Raymond Grant Parkman. Filing fee not paid.
January 30, 2024 Transmittal of initial appeal package to USCA consisting of copies notice of appeal, docket sheet, order/judgement being appealed, and motion if applicable to USCA re 8 Notice of appeal.
January 31, 2024 Endorsed Order: Given Plaintiff's Notice of Appeal, the Clerk is directed to stay and administratively close this case pending resolution of the appeal. Signed by Judge Kathryn Kimball Mizelle on 1/31/2024.
February 12, 2024 USCA appeal fees received $605.00, receipt number TPA069935 Re: Notice of Appeal filed by Raymond Grant Parkman.
Filed
January 30, 2024
Court
Alameda County Superior Court, Case № 24CV061829
Taxpayer’s Counsel
Robert Goldstein
FTB’s Counsel
John Keith
FTB’s Contact
Ann H. Hodges
Years
2015
Amount
Approximately $205,000.00

Issues:

  1. Whether plaintiffs have substantiated their claimed Schedule C deductions reported on their 2015 Form 540.
  2. Whether plaintiffs filed a timely 2015 claim for refund.

Status:

Date Status
January 30, 2024 Complaint filed by Plaintiffs.
January 30, 2024 Summons on Complaint issued and filed by Plaintiffs.
January 30, 2024 Notice of Case Management Conference filed by Clerk.
January 30, 2024 Notice of Case Assignment filed by Clerk.
January 30, 2024 Initial Case Management Conference scheduled for June 14, 2024 at 2:00 p.m. in Department 520.
January 30, 2024 Case assigned to Honorable Julia Spain in Department 520.
February 5, 2024 Proof of Service by Substituted Service Filed by Plaintiffs. Service Cost waived ($110.00). Proof of mailing date 2/5/2024.
February 22, 2024 Amended Complaint Received from Plaintiffs as to FTB.
February 22, 2024 Amended Complaint (1st) filed by Plaintiffs as to FTB.
Filed
October 27, 2021
Court
Los Angeles County Superior Court, Case № 21STCV39637
Taxpayer’s Counsel
Timothy A. Gustafson
FTB’s Counsel
Laura Robbins
FTB’s Contact
Renel Sapiandane
Year
2014
Amount
$939,085.00

Issues:

  1. Whether the plaintiff was entitled to apportion its income using a three-factor formula consisting of property, payroll, and sales, pursuant to Revenue and Taxation Code (RTC) section 25128(b), because plaintiff derived more than 50% of its business receipts from an “agricultural business activity” as defined by the statute (namely, hog farming);
  2. Whether California Code of Regs., title 18, section 25128-2 was inconsistent with RTC section 25128(b), and thus invalid, to the extent the regulation excluded plaintiff’s activities from the definition of “agricultural business activity” under the statute; and
  3. Whether plaintiff was entitled to use a three-factor apportionment formula under RTC section 25137 because the standard, single sales factor formula did not fairly represent the extent of Smithfield’s business activity in California.

Status:

Date Status
October 27, 2021 Civil Case Cover Sheet filed by Plaintiff.
October 27, 2021 Summons (on Complaint) filed by Plaintiff.
October 27, 2021 Complaint filed by Plaintiff.
November 3, 2021 Minute Order (Court Order Re Non-Complex Determination) filed by Clerk.
November 3, 2021 Certificate of Mailing for (Court Order Re Non-Complex Determination) of November 3, 2021, filed by Clerk.
November 8, 2021 Minute Order (Court Order Re Reassignment to an Independent Calendar Court) filed by Clerk.
November 8, 2021 Certificate of Mailing for (Court Order Re Reassignment to an Independent Calendar Court) of November 8, 2021, filed by Clerk
November 8, 2021 Proof of Personal Service (Summons & Complaint FTB) filed by Plaintiff.
November 18, 2021 Notice of Case Management Conference filed by Clerk.
November 29, 2021 Declaration of Laura E. Robbins filed by FTB.
December 10, 2021 Amended Complaint (1st) filed by Plaintiff.
December 29, 2021 Answer filed by FTB.
February 10, 2022 Case Management Statement filed by Plaintiff and FTB.
February 25, 2022 Minute Order (Case Management Conference) filed by Clerk.
February 25, 2022 Case Management Order filed by Clerk.
August 24, 2022 Motion for Summary Judgment filed by FTB.
August 24, 2022 Declaration of Yukari Tanaka filed by FTB.
August 24, 2022 Request for Judicial Notice filed by FTB.
August 24, 2022 Separate Statement filed by FTB.
August 24, 2022 Memorandum of Points & Authorities filed by FTB.
August 25, 2022 Proof of Service by Mail filed by FTB.
August 26, 2022 Proof of Personal Service filed by FTB.
October 4, 2022 Notice of Appearance filed by Plaintiff.
October 25, 2022 Notice of Withdrawal of Motion for Summary Judgment filed by FTB.
December 28, 2022 Motion in Limine (#1 to Exclude Expert Report & Testimony of Jaymie F. Mora) filed by Plaintiff.
December 28, 2022 Proof of Service (not Summons and Complaint) filed by Plaintiff.
December 28, 2022 Motion in Limine (#2 to Exclude Expert Report & Testimony of Kathy L. Shin) filed by Plaintiff.
December 28, 2022 Proof of Service (not Summons and Complaint) filed by Plaintiff.
December 28, 2022 Motion in Limine (#4 to Exclude Expert Report & Testimony of Namrita Randhawa) filed by Plaintiff.
December 28, 2022 Proof of Service (not Summons and Complaint) filed by Plaintiff.
January 9, 2023 Opposition to Plaintiff's Motion in Limine #1 to Exclude Expert Report and Testimony of Jaymie F. Mora; Declaration of Laura E. Robbins, filed by FTB.
January 9, 2023 Opposition to Plaintiff's Motion in Limine #2 to Exclude Expert Report and Testimony of Kathy L. Shin; Declaration of Laura E. Robbins, filed by FTB.
January 9, 2023 Opposition to Plaintiff's Motion in Limine #4 to Exclude Expert Report and Testimony of Namrita Randhawa; Declaration of Laura E. Robbins, filed by FTB.
January 9, 2023 Opposition to Plaintiff's Motion in Limine #3 to Exclude Expert Report and Testimony of L. Red Gobuty; Declaration of Laura E. Robbins, filed by FTB.
January 12, 2023 Ex Parte Application for Leave to File Overlength Trial Brief filed by FTB.
January 13, 2023 Ex Parte Application to Bifurcate filed by FTB.
January 13, 2023 Reply in Support of Plaintiff's Motion in Limine #3 to Exclude Expert Report and Testimony of L. Red Gobuty; and Declaration of Timothy A. Gustafson filed by Plaintiff.
January 13, 2023 Reply in Support of Plaintiff's Motion in Limine #1 to Exclude Expert Report and Testimony of Jaymie F. Mora; and Declaration of Timothy A. Gustafson filed by Plaintiff.
January 13, 2023 Reply in Support of Plaintiff's Motion in Limine #4 to Exclude Expert Report and Testimony of Namrita Randhawa; and Declaration of Timothy A. Gustafson filed by Plaintiff.
January 13, 2023 Reply in Support of Plaintiff's Motion in Limine #2 to Exclude Expert Report and Testimony of Kathy L. Shin; and Declaration of Timothy A. Gustafson filed by Plaintiff.
January 17, 2023 Opposition to FTB's Ex Parte Application to File Overlength Trial Brief filed by Plaintiff.
January 17, 2023 Plaintiff's Opposition to FTB's Ex Parte Application to Bifurcate filed by Plaintiff.
January 17, 2023 Minute Order (Hearing on Ex Parte Application for Leave to File Overlength Trial Brief) filed by Clerk.
January 17, 2023 Certificate of Mailing for Hearing on Ex Parte Application for Leave to File Overlength Trial Brief filed by Clerk.
January 18, 2023 Notice of Ruling filed by FTB.
January 18, 2023 Notice of Lodging of Rulemaking File, filed by FTB.
January 18, 2023 Trial Brief filed by FTB.
January 18, 2023 Trial Brief filed by Plaintiff.
January 18, 2023 Exhibit List (Joint) filed by Plaintiff and FTB.
January 18, 2023 Witness List (Joint) filed by Plaintiff and FTB.
January 23, 2023 Minute Order (Final Status Conference) filed by Clerk.
January 23, 2023 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore (Jennifer Aguilar, CSR# 12993).
February 24, 2023 Joint Report - FTB's Portion - Legal Issues for Trial filed by FTB.
February 24, 2023 Status Conference Report filed by Plaintiff.
February 28, 2023 FTB's Objection and Response to Plaintiff's Bench Report filed on February 24, 2023, filed by FTB.
March 2, 2023 Response to FTB's Objections to Plaintiff's Bench Report filed by Plaintiff.
March 6, 2023 Minute Order (Final Status Conference; Non-Jury Trial 5 Days) filed by Clerk.
March 6, 2023 Stipulation and Order to Use Certified Shorthand Reporter filed by Clerk.
March 16, 2023 Notice of Lodging (Excerpts of Administrative Record Part 1) filed by FTB.
March 16, 2023 Notice of Lodging (Excerpts of Admin istrative Record Part 5) filed by FTB.
March 16, 2023 Notice of Lodging (Excerpts of Admin istrative Record Part 3) filed by FTB.
March 16, 2023 Notice of Lodging (Excerpts of Admin istrative Record Part 4) filed by FTB.
March 16, 2023 Notice of Lodging (Excerpts of Admin istrative Record Part 2) filed by FTB.
March 24, 2023 Brief (Regarding Exclusion of Plaintiff's Cost Accounting Theory) filed by FTB.
March 24, 2023 Declaration of Yukari Vicky Tanaka in Support of FTB's Brief Regarding Exclusion of Cost Accounting Theory, filed by FTB.
March 24, 2023 Declaration of Laura E. Robbins in Support of FTB's Brief Regarding Exclusion of Cost Accounting Theory, filed by FTB.
April 7, 2023 Brief (Plaintiff's Brief Regarding Exhaustion and Exclusion of Evidence of Smithfield's Business Activities) filed by Plaintiff.
April 7, 2023 Declaration of Timothy A. Gustafson in Support of Plaintiff's Brief Regarding Exhaustion and Exclusion of Evidence of Smithfield's Business Activities) filed by Plaintiff.
April 7, 2023 Request for Judicial Notice filed by Plaintiff.
April 13, 2023 Brief Regarding Exclusion of Smithfield Packaged Meat Corp's Cost Accounting Theory filed by FTB.
April 13, 2023 Request for Judicial Notice filed by FTB.
May 30, 2023 Request for Judicial Notice No. 2 In Support of Plaintiff's Brief Regarding Exhaustion and Exclusion of Evidence of Smithfield's Business Activities filed by Plaintiff.
June 1, 2023 Minute Order (Court Order Re: Notice of Continuance of Hearings) filed by Clerk.
June 1, 2023 Certificate of Mailing for (Court Order Re: Notice of Continuance of Hearings of June 1, 2023) filed by Clerk.
June 1, 2023 Objection (FTB's Objection to Plaintiff's Request For Judicial Notice No. 2 in Support of Plaintiff's Brief Regarding Exhaustion and Exclusion of Evidence of Smithfield's Business Activities) filed by FTB.
June 10, 2023 On the Court's own motion, Non-Jury Trial (5 days) scheduled for 07/10/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 73 Not Held - Trial was rescheduled to 07/17/2023 08:30 AM.
June 10, 2023 On the Court's own motion, Final Status Conference scheduled for 07/10/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 73 Not Held - Trial was rescheduled to 07/17/2023 08:30 AM
June 10, 2023 Minute Order (Final Status Conference; Non-Jury Trial (5 days))
July 10, 2023 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore (Pam Myers, CSR# 12940) filed by FTB.
July 17, 2023 Non-Jury Trial (5 days) scheduled for 07/17/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 73 Held - Continued was rescheduled to 02/14/2024 08:30 AM
July 17, 2023 Final Status Conference scheduled for 07/17/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 73 Held - Continued was rescheduled to 01/29/2024 08:30 AM
July 17, 2023 Minute Order (Final Status Conference; Non-Jury (5 days)) filed by Clerk.
July 17, 2023 Stipulation and Order to use Certified Shorthand Reporter (Willie Anderson, Jr. CSR# 13385) filed by FTB.
August 16, 2023 Motion to Continue Trial Date filed by Plaintiff.
August 16, 2023 Updated - Motion to Continue Trial Date: Name Extension; as to Parties.
August 16, 2023 Hearing on Motion to Continue Trial scheduled for September 12, 2023 at 8:30 a.m. in Department 73.
August 16, 2023 Proof of Service (not Summons and Complaint) filed by Plaintiff.
August 28, 2023 FTB's Opposition to Plaintiff's Motion to Continue Trial Date filed by FTB.
September 5, 2023 Reply (in Support of Plaintiff's Motion to Continue Trial Date) filed by Plaintiff.
September 12, 2023 Hearing on Motion to Continue Trial scheduled for September 12, 2023 at 8:30 a.m. in Department 73 held – Continued and was rescheduled to September 15, 2023 at 8:30 a.m.
September 12, 2023 Minute Order (Hearing on Motion to Continue Trial) filed by Clerk.
September 15, 2023 Pursuant to the Request of Moving Party, Non-Jury Trial (5 days) scheduled for February 14, 2024 at 8:30 a.m. in Department 73 – Not held – Advanced and Continued by Court and was rescheduled to July 22, 2024 at 8:30 a.m.
September 15, 2023 Pursuant to the Request of Moving Party, Final Status Conference scheduled for January 29, 2024 at 8:30 a.m. in Department 73 – Not held – Advanced and Continued by Court and was rescheduled to July 8, 2024 at 8:30 a.m.
September 15, 2023 Hearing on Motion to Continue Trial scheduled for September 15, 2023 at 8:30 a.m. in Department 73 updated – Held – Motion Granted.
September 15, 2023 Minute Order (Hearing on Motion to Continue Trial) filed by Clerk.
September 15, 2023 Hearing – Other Motion in Limine of Defendant Regarding Costs Exhaustion of Administration Remedy scheduled for February 14, 2024 at 8:30 a.m. in Department 73.
September 15, 2023 Non-Jury Trial (5 days) scheduled for July 22, 2024 at 8:30 a.m. in Department 73.
September 15, 2023 Final Status Conference scheduled for July 8, 2024 at 8:30 a.m. in Department 73.
September 15, 2023 Updated – Motion to Continue Trial Date filed by Plaintiff. Result – Granted.
December 1, 2023 Notice of FTB's Substitute Expert Designation filed by FTB.
December 13, 2023 Motion for Leave to Substitute Expert Witness filed by FTB.
December 13, 2023 Declaration of Namrita Randhawa filed by FTB.
December 14, 2023 Hearing on Motion for Leave to Substitute Expert Witness scheduled for February 14, 2024 at 8:30 a.m. in Department 73.
December 14, 2023 Updated – Motion for Leave to Substitute Expert Witness: Name Extension changed from FTB's Notice of Motion and Motion for Leave to Substitute Expert Witness to Substitute Expert Witness.
February 6, 2024 Reply (FTB's Reply in Support of Motion for Leave to Substitute Expert Witness) filed by FTB.
February 14, 2024 Hearing on Motion for Leave to Substitute Expert Witness scheduled for February 14, 2024 at 8:30 a.m. in Department 73 updated: Result date to February 14, 2024; Result type to be held – Motion Granted.
February 14, 2024 On the Court's own Motion, Hearing – Other Motion in Limine of Defendant Re: Cost Exhaustion of Administration Remedy scheduled for February 14, 2024 at 8:30 a.m. in Department 73, held – Continued, was rescheduled to March 1, 2024 at 8:30 a.m.
February 14, 2024 Hearing - Other Motion in Limine of Defendant Re: Cost Exhaustion of Administration Remedy scheduled for March 1, 2024 at 8:30 a.m. in Department 73.
February 14, 2024 Minute Order (Hearing – Other Motion in Limine of Defendant Re: Cost Exhaustion) filed by Clerk.
February 14, 2024 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore (Rosalia Rodas, CSR# 13672) filed by Plaintiff.
February 14, 2024 Updated – Motion for Leave to Substitute Expert Witness filed by FTB, Result: Granted, Result date: February 14, 2024.
March 1, 2024 Notice of Lodging (Expert Witness Materials) filed by Plaintiff.
March 1, 2024 Minute Order (Hearing – Other Motion in Limine of Defendant Regarding Costs Exhaustion of Administration Remedy) filed by Clerk.
March 21, 2024 Minute Order (Court Order) filed by Clerk.
March 21, 2024 Certificate of Mailing for Court Order of March 21, 2024 filed by Clerk.
March 22, 2024 Proof of Service (Not Summons and Complaint) filed by Plaintiff.
March 28, 2024 Notice of Submission of Excerpts From Administrative Proceedings filed by FTB.
March 29, 2024 On the Court's own Motion, Hearing – Other Motion in Limine of Defendant Regarding Costs Exhaustion of Administration Remedy scheduled for March 1, 2024 at 8:30 a.m. in Department 73 Not Held – Continued – Court's Motion was rescheduled to April 3, 2024 at 8:30 a.m.
March 29, 2024 Hearing – Other Motion in Limine of Defendant Regarding Costs Exhaustion of Administration Remedy scheduled for April 3, 2024 at 8:30 a.m. in Department 73.
Filed
November 4, 2022
Court
Sacramento County Superior Court, Case № 34-2022- 00329334
Taxpayer’s Counsel
Jerome Anthony Clay, Jr., Esq.
FTB’s Counsel
Michael Sapoznikow
FTB’s Contact
Scott DePeel
Year
2016
Amount
$12,755.50

Issues:

  1. Whether Franchise Tax Board properly imposed the demand penalty.

Status:

Date Status
November 4, 2022 Complaint filed by Plaintiff
November 4, 2022 Civil Case Cover Sheet filed
November 4, 2022 Case assigned to Department 43
November 7, 2022 Case Management Conference - Case Management Program scheduled for August 11, 2023 at 8:30 a.m. in Department 43. Notice of Case Management Conference and Order to Appear has been generated.
November 7, 2022 Summons submitted by Plaintiff rejected.
November 7, 2022 Summons submitted by Plaintiff rejected.
November 14, 2022 Summons filed.
January 30, 2023 FTB Counsel Michael Sapoznikow added and effective as of January 30, 2023.
January 30, 2023 Demurrer to Complaint for Refund and Abatement of Tax Penalty filed by FTB.
January 31, 2023 Hearing on Demurrer - Civil Law and Motion - Demurrer scheduled for May 17, 2023, at 9 a.m. in Department 54.
May 10, 2023 Notice that No Response was Received to Demurrer filed by FTB.
May 16, 2023 Tentative Ruling (Demurrer – Civil Law and Motion – Demurrer) filed.
May 17, 2023 Minute Order (Hearing on Demurrer – Civil Law and Motion – Demurrer) filed.
May 17, 2023 Hearing on Demurrer – Civil Law and Motion – Demurrer scheduled for May 17, 2023 at 9:00 a.m. held.
May 25, 2023 Notice of Change of Address or Other Contact Information for Plaintiff.
May 25, 2023 Amended Complaint (1st) filed by Plaintiff.
June 12, 2023 Address for Jerome Anthony Clay, Jr. updated.
June 23, 2023 Answer filed by FTB.
July 3, 2023 Declaration of Demurring Party in Support of Automatic Extension filed by Plaintiffs.
July 27, 2023 Notice of Remote Appearance filed by Plaintiffs.
July 27, 2023 Demand for Jury Trial filed by Plaintiffs.
July 27, 2023 Case Management Statement filed by Plaintiffs.
July 27, 2023 Case Management Statement filed by FTB.
August 1, 2023 Tentative Case Management Order filed.
August 7, 2023 Amended Answer – Rejected, submitted by FTB.
August 11, 2023 Minute Order (Case Management Conference – Case Minute Order Management Program) filed.
August 11, 2023 Case Management Conference – Case Management Program scheduled for August 11, 2023 at 8:30 a.m. in Department 43 updated, result date to August 11, 2023, result type – to be held.
August 23, 2023 Notice of Rejection – General filed by Clerk.
October 14, 2023 Case reassigned to Gordon D. Schaber Superior Court in Department 43.
October 20, 2023 Notice of Hearing filed by Clerk.
October 20, 2023 Long Cause Trial Assignment scheduled for June 10, 2025 at 8:30 a.m. in Department 47.
October 20, 2023 Mandatory Settlement Conference scheduled for April 30, 2025 at 9:30 a.m. in Department 59.
February 28, 2024 Stipulation to file Second Amended Complaint filed by Plaintiff.
February 29, 2024 Proposed Order to File Second Amended Complaint signed and filed by Plaintiff.
March 14, 2024 Updated – Amended Complaint (2nd): Name Extension filed.
March 14, 2024 Amended Complaint filed by Plaintiffs as to FTB.
March 14, 2024 Notice of Entry of Judgment/Dismissal/Other Order filed by Plaintiffs.
Filed
05/15/19
Court
San Francisco County Superior Court, Case № CGC-19-576007
Taxpayer’s Counsel
Amy L. Silverstein
FTB’s Counsel
Karen W. Yiu
Contact
Ann H. Hodges
Year
2016, 2017
Amount
$1,600.00

Issues:

  1. Whether the matter should be certified as a class action on behalf of a class of business entities that plaintiff alleges were not "doing business" in California but were still assessed and paid the minimum franchise tax.
  2. Whether the various statutes involving the definition of "doing business" in California are unconstitutional under the California and/or the United States Constitutions as applied to Plaintiff and/or the class members.
  3. Whether Plaintiff had sufficient nexus with California (i.e. whether Plaintiff was "doing business" in California) so as to enable California to properly assess taxes against Plaintiff for the 2016 and 2017 tax years.
  4. Whether Plaintiff is entitled to an award of attorneys fees.

Status:

Date Status
May 14, 2019 Summons and Class action Complaint for Refund of Taxes were filed.
July 2, 2019 FTB filed its Answer to Complaint.
August 9, 2019 Order granting complex designation and for single assignment to Judge Teri L. Jackson for all purposes.
October 29, 2019 Case management conference.
December 2, 2019 General Order Re Case Reassignment.
December 12, 2019 Order Advancing January 10, 2020 Case Management Conference at 1:30 p.m. to January 10, 2020 at 10 a.m.
January 6, 2020 Parties filed Joint Case Management Statement.
January 10, 2020 Case management conference.
February 14, 2020 Order to consolidate actions of case CGC-19-576007 with CGC-16-554150.
February 11, 2021 Substitution of Attorney – Amy L. Silverstein substituted for Rafey S. Balabanian as attorney for Plaintiff.
Filed
May 17, 2023
Court
San Francisco County Superior Court, Case № CGC-23-606654
Taxpayer’s Counsel
Bradley R. Marsh
FTB’s Counsel
Charles Tsai
FTB’s Contact
Renel Sapiandante
Years
2018, 2019, 2020
Amount
$40,324.81

Issues:

  1. Whether the taxpayer who lives in Texas must report CA source income if the taxpayer performs services for a CA based corporation as an independent contractor.

Status:

Date Status
May 17, 2023 Other Non-Exempt Complaints, Complaint filed by Plaintifss as to FTB Does 1-10, no Summons issued, Judicial Council Civil Case Cover Sheet not filed. Case Management Conference scheduled for October 18, 2023, Proof of Service due on July 17, 2023. Case Management Statement due on September 25, 2023.
May 17, 2023 Proof of Service by Mail - Complaint for Refund of Income Taxes filed by Plaintiffs.
May 17, 2023 Notice to Plaintiffs.
May 25, 2023 Civil Case Coversheet filed by Plaintiffs.
June 2, 2023 Summons issued to Plaintiffs.
June 6, 2023 Summons on Complaint, Proof of Service only filed by Plaintiffs - served June 6, 2023, Personal Services as to FTB.
July 13, 2023 Answer to Complaint filed by FTB.
September 19, 2023 Case Management Statement filed by Plaintiffs. Estimated time for Trial – 2 days.
September 20, 2023 Case Management Statement filed by FTB. Estimated time for Trial – 5 days.
October 5, 2023 Notice of Time and Place of Trial, Court Trail set for April 29, 2024 at 9:30 a.m. in Department 206. Case Management Conference on October 19, 2023 off Calendar. Notice sent by Court.
January 17, 2024 Ex Parte Application for Order Granting the Parties Stipulation to Continue Trial and Related Deadlines, Memorandum of Points and Authorities field by Plaintiffs.
January 17, 2024 Declaration of Shauna Imanaka in Support of Ex Parte Application for Order Granting the Parties Stipulation to Continue Trial and Related Deadlines filed by Plaintiffs.
January 17, 2024 Proof of Service by Electronic Mail filed by Plaintiffs.
January 18, 2024 Order to Continue the Trial Date filed.
January 18, 2024 Master Court Trial Calendar set for April 29, 2024 continued to Master Calendar Court on September 23, 2024 at 9:30 a.m. in Department 206 per Ex Parte Order filed January 18, 2024.
January 22, 2024 Notice of Entry of Order/Notice of Ruling filed by Plaintiffs.

Recently closed cases

Filed
December 11, 2020
Court
San Francisco County Superior Court, Case № CGC-20-588412
Court
First Appellate District, Case № A163132
Taxpayer’s Counsel
Amy L. Silverstein
FTB’s Counsel
Daniel Robertson
Contact
Renel Sapiandante
Years
2002, 2003, 2004
Amount in Controversy
$250,000

Issues:

Whether the taxpayers are entitled to interest abatement under Section 19104(a)(3).

Status:

San Francisco County Superior Court

Date Status
December 11, 2020 Complaint filed by Plaintiffs, no Summons issued. Case Management conference scheduled for May 12, 2021, Proof of Service due on February 9, 2021, Case Management Statement due on April 19, 2021.
December 11, 2020 Notice to Plaintiffs.
December 21, 2020 Summons issued to Plaintiffs.
December 30, 2020 Summons on Complaint Proof of Service filed by Plaintiffs.
February 10, 2021 Demurrer to Complaint, Proof of Service filed by FTB, hearing set for April 6, 2021.
February 10, 2021 Declaration of Daniel Robertson in Support of FTB’s Demurrer filed by FTB.
February 10, 2021 Memorandum of Points and Authorities in Support of Demurrer filed by FTB.
February 10, 2021 Court Reporting Services less than 1 hour filed by FTB.
March 10, 2021 Law and Motion 302, FTB’s Demurrer to Complaint is continued from Law and Motion April 6, 2021 to May 4, 2021 at 9:30 a.m. per the agreement of the parties.
April 21, 2021 Opposition to Demurrer filed by Plaintiffs.
April 21, 2021 Request for Judicial Notice in Support of Plaintiff’s Opposition to Demurrer filed by Plaintiff.
April 23, 2021 Case Management Conference of May 12, 2021 continued to June 23, 2021 at 10:30 a.m.
April 27, 2021 Reply in Support of Demurrer filed by FTB.
May 4, 2021 Case Management Statement filed by Plaintiffs.
May 4, 2021 Mini Minutes for May 4, 2021 at 9:30 a.m. filed.
May 4, 2021 Minutes for May 4, 2021 at 9:30 a.m. filed.
May 4, 2021 Order Sustaining Demurrer filed.
May 4, 2021 Law and Motion 302, Defendant’s Demurrer to Complaint. Argument is held. At the conclusion of argument, the Court denies Ms. Silverstein’s Request to Amend the Complaint and adopts the tentative ruling as follows: Defendant’s Demurrer is sustained without leave to amend. Order signed.
June 2, 2021 The Court Ordered the Following Judgment entered: It is Adjudged That Plaintiffs Take Nothing From Defendant.
June 4, 2021 Case Management Conference of June 23, 2021 continued to August 25, 2021 at 10:30 a.m. for Defendant to File Judgment Following Order regarding Demurrer. Notice sent by Court.
June 15, 2021 Memorandum of Costs and Disbursements, $809.50 total costs, Mature Date July 6, 2021 filed by Defendant.
July 7, 2021 Notice of Appeal filed by Appellants.
July 16, 2021 Notice Designating Record on Appeal filed by Appellants.
July 22, 2021 Clerk’s Notice of Filing of Notice of Appeal.
August 6, 2021 Case Management Conference of August 25, 2021 is off Calendar. Judgment on File, Notice sent by Court.
December 6, 2021 Clerk’s Estimate of Cost of Appeal Record sent to Appellant, estimated cost $384.00 ($484.00 less $100.00).
December 14, 2021 Costs of Preparation on Appeal Deposited by Appellant.
January 11, 2022 Appeal Record Certified to the Court of Appeal – Attached to Designation (Appeal filed July 7, 2021, A163132 Div 5).
January 11, 2022 Certification Notice filed.
April 6, 2023 Remittitur Affirmed A163132 Division 5.
April 27, 2023 Memorandum of Costs and Disbursements $435.00 total costs, mature date May 17, 2023, filed by FTB.

Court of Appeal First Appellate District

Date Status
January 11, 2022 Transmittal Sheet from San Francisco Superior Court received.
January 11, 2022 Clerk’s transcript filed.
January 11, 2022 Record on appeal filed.
February 18, 2022 Request for Judicial Notice files 1-3 filed for Appellants.
February 22, 2022 Opening Brief was returned for non-conformance, missing service on Supreme Court.
February 22, 2022 Appellants' Opening Brief filed.
March 8, 2022 The Court defers ruling on Appellants' February 18, 2022 Request for Judicial Notice until the Court's decision on the Merits because the Propriety of taking Judicial Notice usually requires an analysis of the substantive issues involved, the decision whether or not Judicial Notice will in fact be taken will normally be postponed and made at the time the cause is considered on the Merits.
March 18, 2022 Stipulation of Extension of Time filed. Respondent's brief is due on May 3, 2022.
April 28, 2022 Stipulation of Extension of Time filed. Respondent's brief is due on May 23, 2022.
May 20, 2022 Respondent's Brief and Objection to RJN did not have Proof of Service on Appellants' Counsel; Attorney General noticed via email.
May 20, 2022 Respondent's Objection to Request for Judicial Notice; from the Attorney General.
May 20, 2022 Defendant and Respondent: California FTB Attorney: Daniel William Robertson.
May 31, 2022 Appellants' Reply Brief is due on August 8, 2022.
July 29, 2022 Notice of Motion and Motion by FTB to Dismiss Action, Proof of Service filed by FTB. Hearing set for August 23, 2022 at 9:30 a.m. in Department 302.
July 29, 2022 Memorandum of Points and Authorities in Support of Motion by FTB to Dismiss Action filed by FTB.
July 29, 2022 Declaration of Cara M. Porter in Support of Motion by FTB to Dismiss Action filed by FTB.
August 1, 2022 Amended Notice of Hearing of Motion by FTB to Dismiss Action, Proof of Service filed by FTB. Hearing set for September 28, 2022 at 9:30 a.m. in Department 302.
August 8, 2022 Appellants’ Reply Brief filed.
August 8, 2022 Reply to Objection to Request for Judicial Notice filed by Appellants.
August 8, 2022 Case fully briefed.
August 15, 2022 Oral Argument Waiver Notice sent.
August 16, 2022 Request for Oral Argument filed by Appellants.
December 15, 2022 Calendar Notice sent electronically for January 26, 2023 at 9:00 a.m.
December 15, 2022 Email sent to Counsel regarding availability of hybrid Oral Argument and Notice of Intent to Appear in Person due.
December 19, 2022 Filed document entitled: Request for Oral Argument from Attorney Amy Silverstein for Appellant Indicating In-Person Appearance.
December 21, 2022 Filed document entitled: Request for Oral Argument from Attorney Daniel Robertson for Respondent Indicating In-Person Apperance.
January 5, 2023 Email sent to Parties regarding instructions on remote and/or in person Oral Argument.
January 6, 2023 Filed additional cites from attorney Amy Silverstein for Appellant.
January 10, 2023 Order filed by the Court: The court has set oral argument in this matter for January 26, 2023, at 9:00 a.m. Each side will have 10 minutes to present argument. (Cal. Rules of Court, rule 8.256(c); Ct. App., First. Dist., Local Rules of Ct., rule 13(c).) The court requests that each side focus on the following issue (Ct. App., First. Dist., Local Rules of Ct., rule 15(a)): Revenue and Taxation Code section 19104, subdivision (a)(3) references only abatements under Internal Revenue Code section 6404(e). If we were to find that Revenue and Taxation Code section 19104, subdivision (a)(3) also applies when the IRS suspends interest under Internal Revenue Code section 6404(g), would such a finding require us to rewrite Revenue and Taxation Code section 19104, subdivision (a)(3) under the guise of statutory construction.
January 26, 2023 Case argued and submitted.
January 30, 2023 Opinion filed (signed unpublished). The Judgment is affirmed. Respondent is awarded its costs on Appeal.
January 30, 2023 Request for Judicial Notice denied, see Opinion filed January 30, 2023.
April 4, 2023 Remittitur issued.
April 4, 2023 Case Complete.
Filed
01/29/20
Court
San Diego County Superior Court, Case № 37-2020-00005100-CL-BT-CTL
Taxpayer’s Counsel
Pro per
FTB’s Counsel
Anna Barsegyan
Contact
Mary Yee
Year
2011, 2013, 2014
Amount
Tax:
$15,133.57

Issues:

  1. Whether plaintiff is entitled to a refund of demand penalties, interest, and a cost recovery fee.

Status:

Date Status
January 29, 2020 Complaint filed.
February 25, 2020 Plaintiff files FTB’s Notice of Acknowledgment of Receipt.
May 26, 2020 FTB files answer to Complaint.
June 15, 2020 Demurrer and Declaration – Other (of demurring or moving party) filed by Christine N. Grab.
June 23, 2020 Demurrer/Motion to Strike scheduled for October 30, 2020.
July 9, 2020 POS by mail (Notice of Amended Hearing on Demurrer) filed by Plaintiff.
October 19, 2020 Opposition – Other (to Demurrer to Answer) filed by FTB.
October 29, 2020 Tentative Ruling for Demurrer/Motion to Strike published.
October 30, 2020 Minutes finalized for Demurrer/Motion to Strike heard on October 30, 2020.
December 14, 2020 Discovery Hearing scheduled for May 28, 2021.
December 15, 2020 Motion – Other (for Order Compelling Further Response to Demand for Documents) filed by Christine N. Grab.
December 15, 2020 Statement – Other (Separate Statement Supporting Motion to Compel Further Responses to Demand for Documents) filed by Christine N. Grab.
December 15, 2020 Declaration – Other (of Christine N. Grab in Support of Motion for Order Compelling Further Response to Demand for Documents) filed by Christine N. Grab.
January 26, 2021 Proof of Service by Mail (re Discovery Motion) filed by Plaintiff.
March 3, 2021 Case Management Statement filed by FTB.
March 5, 2021 Case Management Statement filed by Plaintiff.
March 19, 2021 Pursuant to California Rules of Court 3.714, the Court, after having met and conferred with counsel, categorizes this case as one that will be disposed of within 18 months.
March 19, 2021 Trial Readiness Conference (Civil) scheduled for February 18, 2022 at 10:15 a.m.
March 19, 2021 Civil Jury Trial scheduled for March 4, 2022 at 8:30 a.m.
March 19, 2021 Minutes finalized for Civil Case Management Conference heard on March 19, 2021.
March 30, 2021 Notice of Hearing generated.
May 17, 2021 FTB’s Opposition to Plaintiff’s Motion for Order Compelling Further Response to Demand for Documents filed by FTB.
May 17, 2021 Declaration of Grace Lebleu in Support of FTB’s Opposition to Plaintiff’s Motion for Order Compelling Further Production of Documents filed by FTB.
May 17, 2021 Declaration of Anna Barsegyan in Support of FTB’s Opposition to Plaintiff’s Motion for Order Compelling Further Production of Documents filed by FTB.
May 21, 2021 Discovery Hearing scheduled for October 22, 2021 at 9:00 a.m.
May 24, 2021 Motion – Other (for Order Compelling Further Responses to Specially Prepared Interrogatories Set #001) filed by Plaintiff.
May 24, 2021 Separate Statement filed by Plaintiff.
May 24, 2021 Declaration – Other (of Christine N. Grab) filed by Plaintiff.
May 27, 2021 Tentative Ruling for Discovery Hearing published.
May 28, 2021 Minutes finalized for Discovery Hearing heard May 28, 2021.
June 30, 2021 Proof of Service by Mail (Motion) filed by Plaintiff.
August 30, 2021 Summary Judgment/Summary Adjudication (Civil) scheduled for March 25, 2022 at 9:00 a.m.
August 30, 2021 Motion Hearing (Civil) scheduled for March 25, 2022 at 9:00 a.m.
August 30, 2021 Ex Parte scheduled for September 16, 2021 at 8:30 a.m.
September 1, 2021 Declaration of Anna Barsegyan filed by FTB.
September 1, 2021 Declaration of Chelsea Hubbard filed by FTB.
September 1, 2021 Declaration of Grace Lebleu filed by FTB.
September 1, 2021 Declaration of Keith Swank filed by FTB.
September 1, 2021 Declaration of Thi Luong filed by FTB.
September 10, 2021 Ex Parte Application – Other and Supporting Documents (Immediate Redaction of Social Security Numbers from Moving Papers that Defendant filed with the Court) filed by Plaintiff.
September 14, 2021 Proposed Order Granting FTB’s Ex Parte Application to Continue Trial Date and Pre-Trial Regarding Deadlines and for an Order Redacting Plaintiff’s Personal ID Info filed by FTB.
September 14, 2021 Ex Parte Application – Other and Supporting Documents filed by FTB.
September 16, 2021 Civil Jury Trial continued pursuant to Party’s Motion to July 3, 2022 at 8:30 a.m.
September 16, 2021 Trial Readiness Conference (Civil) continued pursuant to Party’s Motion to May 20, 2022 at 10:15 a.m.
September 16, 2021 Minutes finalized for Ex Parte heard on September 16, 2021 at 8:30 a.m.
September 16, 2021 Appointment of Official Reporter Pro Tempore filed by the Court.
October 8, 2021 FTB’s Opposition to Motion to Compel Further Responses to Specially Prepared Interrogatories Set One and its Request for Sanctions Against Plaintiff filed by FTB.
October 8, 2021 FTB’s Opposition to Plaintiff’s Separate Statement Supporting Motion to Compel Further Responses to Specially Prepared Interrogatories Set One filed by FTB.
October 8, 2021 Declaration of Anna Barsegyan in Support of FTB’s Opposition to Motion to Compel Further Responses to Specially Prepared Interrogatories Set One and its Request for Sanctions Against Plaintiff filed by FTB.
October 14, 2021 Reply to Opposition of Noticed Motion and Supporting Declarations filed by Plaintiff.
October 19, 2021 Proof of Service by Mail filed by Plaintiff.
October 21, 2021 Tentative Ruling for Discovery Hearing published.
October 22, 2021 Minutes finalized for Discovery Hearing heard on October 22, 2021 at 9:00 a.m.
October 22, 2021 Appointment of Official Reporter Pro Tempore (Michelle Cooper #13572) filed by The Superior Court of San Diego.
January 4, 2022 Motion for Summary Judgment and/or Adjudication filed by FTB.
January 4, 2022 Separate Statement filed by FTB.
January 4, 2022 Request for Judicial Notice filed by FTB.
January 4, 2022 Declaration of Grace Lebleu filed by FTB.
January 4, 2022 Declaration of Anna Barsegyan filed by FTB.
January 4, 2022 Declaration – Evidence in Support of Defendant FTB’s Motion for Summary Judgment or in The Alternative for Summary Adjudication.
January 6, 2022 Settlement Conference (Civil) scheduled for February 15, 2022 at 1:30 p.m.
February 10, 2022 Settlement Conference (Civil) scheduled for February 15, 2022 at 1:30 p.m. at Central in 604 Lorna Alksne was vacated.
February 14, 2022 Ex Parte scheduled for February 22, 2022 at 8:30 a.m. at Central in C-67 Eddie C. Sturgeon.
February 17, 2022 Ex Parte Application – Other and Supporting Documents (Extension of the Hearing Date for the Motion for Summary Judgment and Extension for the Trial Date to 30 Days After the Hearing for the Motion for Summary Judgment) filed by Plaintiff.
February 18, 2022 Ex Parte scheduled for February 22, 2022 at 8:30 a.m. at Central in C-67 Eddie C. Sturgeon was vacated.
March 8, 2022 Opposition to Noticed Motion and Supporting Declarations (Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant's Motion for Sanctions) filed by Plaintiff.
March 11, 2022 Opposition to Noticed Motion and Supporting Declarations (Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment in Their Favor and in Support of Plaintiff's Motion for Summary Judgment in Favor of Plaintiff) filed by Plaintiff.
March 11, 2022 Opposition to Noticed Motion and Supporting Declarations (Plaintiff's Opposition to Defendant's Statement of Undisputed Facts) filed by Plaintiff.
March 18, 2022 FTB's Reply in Support of its Motion for Sanctions Pursuant to Code of Civ. Proc. Section 128.5 filed by FTB.
March 18, 2022 Supplemental Declaration of Anna Barsegyan in Support of Motion for Sanctions Pursuant to Code of Civ. Proc. Section 128.5 filed by FTB.
March 18, 2022 Supplemental Declaration of Grace LeBleu in Support of Motion for Sanctions Pursuant to Code of Civ. Proc. Section 128.5 filed by FTB.
March 18, 2022 FTB's Reply in Support of its MSJ or in the Alternative for Summary Adjudication to Plaintiff's Complaint filed by FTB.
March 18, 2022 FTB's Objections to Plaintiff's Evidence Submitted in Opposition to MSJ or in the Alternative for Summary Adjudication; Order thereon filed by FTB.
March 18, 2022 FTB's Response to Plaintiff's Separate Statement of Undisputed Material Facts filed by FTB.
March 24, 2022 Tentative Ruling for Summary Judgment/Summary Adjudication published.
March 25, 2022 Judgment was recorded as follows: Judgment recorded for FTB; Franchise Tax Board and against Christine N. Grab for $0, punitive damages: $0, attorney fees: $0, interest: $0, prejudgment costs: $0, other costs: $0, amount payable to court: $0, for a grand total of $0.
March 25, 2022 Judgment rendered, Attorney Barsegyan directed to prepare the Judgment.
March 25, 2022 The Court finds judgment on the Complaint Demanding More than $10,000 but less than $25,000 for FTB, Franchise Tax Board and against Christine N. Grab in the amount of: $0 principal, $0 punitive damages, $0 attorney fees, $0 interest, $0 prejudgment costs and $0 other costs.
March 25, 2022 Minutes finalized for Multiple Events heard on March 25, 2022 at 9:00 a.m.
March 25, 2022 Civil Jury Trial scheduled for June 3, 2022 at 8:30 a.m. was vacated.
March 25, 2022 Trial Readiness Conference scheduled for May 20, 2022 at 10:15 a.m. was vacated.
March 25, 2022 Appointment of Official Reporter Pro Tempore (Darla Kmety, #12956) filed by The Superior Court of San Diego.
March 29, 2022 Proposed Order granting FTB's MSJ or in the Alternate Summary Adjudication submitted by FTB received but not filed on March 29, 2022.
March 29, 2022 Proposed Order granting FTB's Motion for Sanctions
April 5, 2022 Judgment was entered as follows: Judgment entered for FTB and against Plaintiff for $ 0.00, punitive damages: $ 0.00, attorney fees: $ 0.00, interest: $ 0.00, prejudgment costs: $ 0.00, other costs: $ 0.00, amount payable to court: $ .00, for a grand total of $ 0.00.
April 5, 2022 Judgment filed by FTB.
May 11, 2022 Order After Hearing (Granting FTB's Motion for Sanctions Pursuant to Code of Civil Procedure Section 128.5) filed by FTB.
May 11, 2022 Order After Hearing (Granting FTB's Motion for Summary Judgment or in the Alternative Summary Adjudication) filed by FTB.
May 11, 2022 Clerk's Certificate of Service by Mail generated.
May 18, 2022 Notice of Entry of Judgment on Plaintiff's Complaint for Refund of Taxes filed by FTB.
May 18, 2022 Notice of Entry of Order Granting FTB's Motion for Sanctions Pursuant to Code Civ. Proc. Section 128.5 filed.
May 18, 2022 Notice of Entry of Order Granting FTB's Motion for Summary Judgment on Plaintiff's Complaint for Refund filed.
Filed
07/18/19
Court
Los Angeles County Superior Court, Case № 19STCV21940
Taxpayer’s Counsel
Walter Channels
FTB’s Counsel
Doug Beteta
Contact
Ann H. Hodges
Year
2005, 2006, 2007
Amount
$1,462,152.69

Issues:

  1. Whether the taxpayer was required to pay penalties and interest that accrued while FTB was holding the taxpayer’s extension deposit?

Status:

Date Status
July 18, 2019 Complaint filed.
October 10, 2019 FTB files demurrer.
October 23, 2019 Case management conference.
November 13, 2019 FTB files Notice of Plaintiff’s Non-Opposition to FTB’s Demurrer.
November 15, 2019 Plaintiff files opposition to FTB’s demurrer.
November 20, 2019 Hearing on FTB’s demurrer. FTB’s demurrer is sustained (in part without leave to amend, in part with leave to amend).
November 21, 2019 FTB files Notice of Ruling on FTB’s demurrer.
December 9, 2019 Plaintiff files 2nd amended complaint.
January 27, 2020 FTB files answer to 2nd amended complaint.
July 6, 2020 Minute Order (Court Order) filed by Clerk.
July 29, 2020 Minute Order (Court Order Re: Continuance of Trial and Final Status Conference) filed by Clerk.
September 1, 2020 Stipulation and Order to Continue Pretrial Dates Consistent With Continued Trial Date filed by FTB.
September 25, 2020 Motion to Compel (Robert Concolino’s Compliance With Subpoena for Business Records) filed by FTB.
September 25, 2020 Declaration of Van-Dzung Nguyen filed by FTB.
September 25, 2020 Separate Statement filed by FTB.
December 28, 2020 Motion for Summary Adjudication (by FTB to First Amended Complaint) filed by FTB.
December 28, 2020 Declaration of Van-Dzung Nguyen in Support of Defendant FTB’s Motion Summary Adjudication filed by FTB.
December 28, 2020 Separate Statement of Undisputed Material Facts in Support of Defendant FTB’s Motion for Summary Adjudication filed by FTB.
December 28, 2020 Affidavit (Evidence in Support of Defendant FTB’s Motion Summary Adjudication) filed by FTB.
January 26, 2021 Proof of Service by Mail filed by Plaintiff.
January 26, 2021 Declaration in Support of Attorney’s Motion to be Relieved as Counsel-Civil filed by Walter David Channels.
January 26, 2021 Proof of Service by Mail filed by Plaintiff.
January 26, 2021 Motion to be Relieved as Counsel filed by Walter David Channels.
February 2, 2021 Notice (Of Non-Opposition To Motion To Compel Robert Concolino’s Compliance With Subpoena For Business Records) Filed by FTB.
February 2, 2021 Declaration (Of Van-Dzung Nguyen In Support Of Defendant’s Motion To Compel Robert Concolino’s Compliance With Subpoena For Business Records) Filed by FTB.
February 2, 2021 Supplemental Declaration (Of Van-Dzung Nguyen In Support Of Defendant’s Motion To Compel Robert Concolino’s Compliance With Subpoena For Business Records) Filed by FTB.
February 5, 2021 Substitution of Attorney filed by Plaintiff.
February 9, 2021 Minute Order (Hearing on Motion to Compel Robert Concolino’s Compliance) Filed by Clerk.
February 17, 2021 Minute Order (Court Order) filed by Clerk.
February 17, 2021 Certificate of Mailing for (Court Order) of February 17, 2021 filed by Clerk.
February 24, 2021 Substitution of Attorney filed by Plaintiff.
February 25, 2021 Ex Parte Application (to Continue Motion for Summary Adjudication and Trial) filed by Plaintiff.
February 25, 2021 Proof of Service (not Summons and Complaint) filed by Plaintiff.
February 25, 2021 Declaration of Kenneth J. Sargoy filed by Plaintiff.
February 25, 2021 Notice of Lodging Stipulation of the Parties (Hearing March 1, 2021) filed by Plaintiff.
March 1, 2021 Minute Order (Hearing on Ex Parte Application to Continue Motion for Summary Adjudication and Trial Dates) filed by Clerk.
March 1, 2021 Notice of Ruling (After Ex Parte Application to Continue Motion for Summary Adjudication and Trial Dates) filed by Plaintiff.
March 10, 2021 Stipulation and Order (To Continue Hearing on Motion to Compel Compliance With Deposition Subpoena to Robert Concolino) filed by FTB.
May 13, 2021 Proof of Service (Not Summons and Complaint) filed by FTB.
May 13, 2021 Notice (Defendant’s Notice of Continuance of Hearing on Motion to Compel Robert Concolinos Compliance with Subpoena for Business Records) filed by FTB.
June 1, 2021 Minute Order (Court Order) filed by Clerk.
June 1, 2021 Certificate of Mailing for Court Order filed by Clerk.
June 1, 2021 Opposition (of Plaintiff to Motion for Summary Adjudication submitted by FTB to Second Amended Complaint) filed by Plaintiff.
June 1, 2021 Declaration of Ronald J. Channels in Support of Plaintiff’s Opposition to Motion for Summary Adjudication filed by Plaintiff.
June 1, 2021 Declaration of Phillip C. Conrad submitted in Support of Plaintiff’s Opposition to Motion for Summary Adjudication.
June 1, 2021 Declaration of Robert A. Concolino, Esq. in Support of Plaintiff’s Opposition to Motion for Summary Adjudication.
June 1, 2021 Proof of Service filed by Plaintiff.
June 1, 2021 Notice – Plaintiff’s Compendium of Non-California Authorities filed by Plaintiff.
June 1, 2021 Request of Plaintiff for Judicial Notice Submitted in Support of Opposition to Motion for Summary Adjudication submitted by FTB to Second Amended Complaint.
June 1, 2021 Opposition of Plaintiff to Defendant FTB’s Separate Statement of Undisputed Material Facts; and Plaintiff’s Statement of Undisputed, Disputed, and Additional Material Facts filed by Plaintiff.
June 1, 2021 Evidentiary Declaration of Kenneth J. Sargoy submitted in Support of Opposition to Motion for Summary Adjudication submitted by FTB to Second Amended Complaint filed by Plaintiff.
June 2, 2021 Notice of Erratum contained in Plaintiff’s Opposition to Motion for Summary Adjudication Submitted by Defendant to Second Amended Complaint filed by Plaintiff.
June 3, 2021 Opposition In Part to FTB’s Motion to Compel Robert Concolino’s Compliance with Subpoena for Business Records filed by Plaintiff.
June 3, 2021 Declaration of Kenneth J. Sargoy in Support of Opposition, In Part, to Motion to Compel Robert Concolino’s Compliance with Subpoena for Business Records filed by Plaintiff.
June 3, 2021 Request for Judicial Notice (Submitted by Plaintiff in Support of Opposition, In Part, to Motion to Compel Robert Concolino’s Compliance with Subpoena for Business Records) filed by Plaintiff.
June 24, 2021 Notice (Defendant’s Notice of Continuance of Hearing on Motion to Compel Robert Concolino’s Compliance with Subpoena for Business Records) filed by FTB.
June 24, 2021 Notice (Defendant’s Notice of Continuance of Hearing on Motion For Summary Adjudication by FTB to First Amended Complaint) filed by FTB.
July 27, 2021 Reply (of Defendant in Support of Motion to Compel Robert Concolino’s Compliance with Subpoena for Business Records) filed by FTB.
July 27, 2021 Supplemental Declaration of Van-Dzung Nguyen in Support of Defendant’s Motion to Compel Robert Concolino’s Compliance with Subpoena for Business Records filed by FTB.
July 27, 2021 Declaration (Regarding Proof of Service in Support of Defendant’s Motion to Compel Robert Concolino’s Compliance with Subpoena for Business Records) filed by FTB.
July 29, 2021 Reply (Memorandum of Points and Authorities by Defendant in Support of Motion for Summary Adjudication) filed by FTB.
July 29, 2021 Opposition (of Defendant to Plaintiff’s Request for Judicial Notice Submitted in Opposition to Defendant’s Motion Summary Adjudication) filed by FTB.
July 29, 2021 Objection (of Defendant to Plaintiff’s Evidence Submitted in Opposition to Defendant’s Motion for Summary Adjudication; Order Thereon) filed by FTB.
July 29, 2021 Response (To Plaintiff’s Separate Statement of Undisputed, Disputed, and Additional Material Facts) filed by FTB.
August 3, 2021 Minute Order (Hearing on Motion for Summary Adjudication by Defendant) filed by Clerk.
August 5, 2021 Notice of Ruling (On Defendant FTB’s Motion to Compel Robert Concolino’s Compliance with Subpoena for Business Records) filed by FTB.
August 5, 2021 Notice of Ruling (On Defendant FTB’s Motion for Summary Adjudication) filed by FTB.
December 7, 2021 Stipulation and Order to Continue Trial Date filed by FTB.
December 13, 2021 Notice of Order on Stipulation to Continue Trial Date filed by FTB.
July 11, 2022 Ex Parte Application (FTB's Ex Parte Application For An Order To Continue The Trial Date Based Upon A Stipulation By The Parties Due To The Resignation Of FTBs Counsel; Memorandum of Points And Authorities; Declaration of Van-Dzung Nguyen In Support) Filed by FTB.
July 14, 2022 Minute Order (Hearing on Ex Parte Application FTB's Ex Parte) filed by Clerk.
September 13, 2022 Declaration of Jan Raymond in Support of Plaintiff's Motion for Summary Judgment, filed by Plaintiff.
September 13, 2022 Proof of Service by Mail filed by Plaintiff.
September 13, 2022 Motion of Plaintiff for Summary Judgment filed by Plaintiff.
September 13, 2022 Declaration (of IRS Advisor Phillip C. Conrad, Submitted in Support of Plaintiff's Motion for Summary Judgment) filed by Plaintiff.
September 13, 2022 Evidentiary Declaration of Kenneth J. Sargoy Submitted In Support of Plaintiff's Motion For Summary Judgment filed by Plaintiff.
September 13, 2022 Compendium of Non-California Authorities filed by Plaintiff.
September 13, 2022 Declaration of Accountant Ronald J. Channels – Enrolled Agent, and Betzlers' Authorized Taxpayer Representative, In Support of Plaintiff's Motion for Summary Judgment filed by Plaintiff.
September 13, 2022 Memorandum of Points and Authorities (In Support of Plaintiff's Motion for Summary Judgment) filed by Plaintiff.
September 13, 2022 Separate Statement by Plaintiff of Undisputed Material Facts filed by Plaintiff.
September 13, 2022 Request for Judicial Notice by Plaintiff in Support of Motion for Summary Judgment filed by Plaintiff.
September 22, 2022 Ex Parte Application for Leave to Redact Certificate of Death filed by Plaintiff.
September 22, 2022 Declaration of Kenneth J. Sargoy in Support of Ex Parte Application For Leave to Redact Certificate of Death; Notice of The Attorney General of Ex Parte Application (Ex Parte Date: September 27, 2022) filed by Plaintiff.
September 22, 2022 Proof of Service (Not Summons and Complaint Re: Ex Parte Application) filed by Plaintiff.
September 22, 2022 Notice of Change of Handling Attorney filed by FTB.
September 27, 2022 Minute Order (Hearing on Ex Parte Application for Leave to Redact Certification) filed by Clerk.
September 29, 2022 Notice (of Withdrawal of Plaintiff’s Motion for Summary Judgment) filed by Plaintiff.
September 30, 2022 Motion for Summary Judgment filed by Plaintiff.
September 30, 2022 Memorandum of Points and Authorities filed by Plaintiff.
September 30, 2022 Declaration of KJ Sargoy filed by Plaintiff.
September 30, 2022 Request for Judicial Notice filed by Plaintiff.
September 30, 2022 Notice of Non-California Authorities filed by Plaintiff.
September 30, 2022 Declaration of Accountant/Enrolled Agent RJ Channels filed by Plaintiff.
September 30, 2022 Declaration of B. Raymond filed by Plaintiff.
September 30, 2022 Separate Statement filed by Plaintiff.
September 30, 2022 Proof of Service by Mail filed by Plaintiff.
September 30, 2022 Declaration of Cynthia Betzler filed by Plaintiff.
September 30, 2022 Declaration of IRS Advisor P. Conrad filed by Plaintiff.
February 7, 2023 Motion for Summary Judgement filed by FTB.
February 7, 2023 Declaration of Douglas Beteta in Support of Motion for Summary Judgment filed by FTB.
February 7, 2023 Compendium of Evidence by Defendant filed by FTB.
February 7, 2023 Declaration of Leslie Yorston in Support of Motion for Summary Judgment filed by FTB.
February 7, 2023 Separate Statement by Defendant filed by FTB.
February 9, 2023 Proof of Personal Service by Defendant filed by FTB.
March 27,2023 Notice Regarding Continuance of Hearing and Order filed by Clerk.
April 5, 2023 Memorandum of Points and Authorities in Opposition to Defendant's Motion for Summary Judgment filed by Plaintiff.
April 5, 2023 Opposition of Plaintiff to Defendant's Separate Statement and Additional Material Facts filed by Plaintiff.
April 5, 2023 Declaration of Non-California Authorities filed by Plaintiff.
April 5, 2023 Declaration of IRS Advisor Phillip Conrad ISO Opposition filed by Plaintiff.
April 5, 2023 Declaration of Kenneth J. Sargoy ISO Opposition filed by Plaintiff.
April 5, 2023 Request for Judicial Notice by Plaintiff ISO Opposition to MSJ filed by Plaintiff.
April 5, 2023 Proof of Service (not Summons and Complaint) filed by Plaintiff.
April 5, 2023 Declaration of Accountant Ronald Channels ISO Plaintiff's Opposition to MSJ filed by Plaintiff.
April 5, 2023 Opposition (Of Defendant to Plaintiff's MSJ) filed by FTB.
April 5, 2023 Compendium of Evidence by Defendant to Plaintiff's MSJ filed by FTB.
April 5, 2023 Declaration of Leslie Yorston ISO Defendant's Opposition to Plaintiff's MSJ filed by FTB.
April 5, 2023 Separate Statement (ISO Defendant's Opposition to Plaintiff's MSJ) filed by FTB.
April 5, 2023 Declaration (ISO Defendant's Opposition to Plaintiff's MSJ) filed by FTB.
April 13, 2023 Reply (Memorandum of Points and Authorities to FTB's Opposition to Plaintiff's Motion for Summary Judgment) filed by Plaintiff.
April 13, 2023 Plaintiff's Compendium of Non-California Authorities filed by Plaintiff.
April 13, 2023 Proof of Service (not Summons and Complaint) filed by Plaintiff.
April 13, 2023 Request for Judicial Notice by Plaintiff ISO Reply to FTB's Opposition to MSJ filed by Plaintiff.
April 13, 2023 Reply Separate Statement of Plaintiff in Opposition to Defendant's Separate Statement filed by Plaintiff.
April 13, 2023 Evidentiary Declaration of Kenneth J. Sargoy submitted ISO Reply to FTB's Opposition to MSJ filed by Plaintiff.
April 14, 2023 Reply of FTB in Support of Motion for Summary Judgment filed by FTB.
April 14, 2023 Objections by Defendant to Evidence Submitted by Plaintiff in Opposition to Motion for Summary Judgment filed by FTB.
April 14, 2023 Reply Separate Statement of Defendant ISO MSJ filed by FTB.
April 17, 2023 Opposition of Plaintiff to FTB's Evidence Objections filed by Plaintiff.
April 17, 2023 Objection to New Materials raised in Plaintiff's Reply in Support of her Motion for Summary Judgment filed by FTB.
April 19, 2023 Minute Order (Hearing on Motion for Summary Judgment) filed by Clerk.
April 19, 2023 Certificate of Mailing for Hearing on Motion for Summary Judgment filed by Clerk.
April 19, 2023 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore Jasmine Jamili filed by Plaintiff.
May 9, 2023 Notice of Ruling on Cross-Motions for Summary Judgment filed by FTB.
May 17, 2023 Notice of Case Reassignment and Order for Plaintiff to give Notice filed by Clerk.
May 26, 2023 Judgment filed by FTB.
May 26, 2023 Minute Order (Court Order Regarding Judgment of May 26, 2023) filed by Clerk.
May 26, 2023 Certificate of Mailing for Court Order Regarding Judgment of May 26, 2023 filed by Clerk.
May 26, 2023 Notice of Entry of Judgment/Dismissal/Other Order filed by Clerk.
June 2, 2023 Memorandum of Costs (Summary) filed by FTB.
Filed
06/13/19
Court
San Diego County Superior Court, Case № 37-2019-00030244-CU-MC-NC
Court
Court of Appeal Fourth Appellate District, Case No. D079315
Taxpayer’s Counsel
David Swanson (pro per)
FTB’s Counsel
John Keith
Contact
Scott DePeel
Year
1993, 1994, 1995
Amount
Unknown

Issues:

  1. Whether the FTB was constitutionally required to abide by the taxpayers’ offer in compromise agreement with the IRS.
  2. Whether the taxpayers are entitled to a judgment reducing their California tax liability.

Status:

Date Status
June 13, 2019 Complaint filed.
September 3, 2019 Joint stipulated request to stay action filed by the parties.
September 5, 2019 Court issues order denying parties’ request to stay action, but suspending the litigation pending FTB’s decision regarding Plaintiffs’ application to participate in FTB’s Offer In Compromise program.
November 26, 2019 Parties each filed case management statements.
December 6, 2019 Case management conference rescheduled.
January 10, 2020 Case management conference.
February 5, 2020 Stipulation and Order for First Amended Complaint and Extension for Responsive Pleading.
May 16, 2020 Case Management Conference rescheduled to August 21, 2020.
July 15, 2020 Motion Hearing scheduled for September 4, 2020.
July 17, 2020 Motion to Appear Pro Hac Vice on September 4, 2020 filed by Plaintiffs.
July 17, 2020 Proposed Order for September 4, 2020 filed by Plaintiffs.
August 6, 2020 Case Management Statement filed by FTB.
August 11, 2020 Case Management Statement filed by Connie L. Swanson and David W. Swanson.
August 11, 2020 Proof of Service filed by Connie L. Swanson and David W. Swanson.
August 21, 2020 Civil Case Management Conference continued pursuant to party’s Motion to October 9, 2020.
August 21, 2020 Minutes finalized for Civil Case Management Conference heard on August 21, 2020.
September 3, 2020 Tentative Ruling for Motion Hearing published.
September 4, 2020 Minutes finalized for Motion Hearing heard on September 4, 2020.
September 24, 2020 Case Management Statement filed by Connie Swanson and David W. Swanson.
September 25, 2020 Case Management Statement filed by California State Board of Equalization and FTB.
October 9, 2020 Pursuant to California Rules of Court 3.714, the Court, after having met and conferred with counsel, categorizes this case as one that will be disposed of within 18 months.
October 9, 2020 Civil Jury Trial scheduled for October 15, 2021.
October 9, 2020 Trial Readiness Conference scheduled for October 1, 2021.
October 9, 2020 Jury demanded by Plaintiff.
October 9, 2020 Minutes finalized for Civil Case Management Conference heard on October 9, 2020.
October 9, 2020 Notice of Hearing generated.
December 2, 2020 Amended Complaint filed by Plaintiff.
January 5, 2021 Demurrer filed by FTB.
January 5, 2021 Memorandum of Points and Authorities filed by FTB.
January 5, 2021 Declaration – Other filed by FTB.
January 6, 2021 Demurrer/Motion to Strike scheduled for April 2, 2021.
January 15, 2021 Proof of Service filed by FTB.
March 22, 2021 Memorandum of Points and Authorities filed by Plaintiffs.
March 25, 2021 Reply in Support of Defendants FTB and State Board of Equalizations Demurrer to Plaintiff’s First Amended Complaint filed by FTB.
April 1, 2021 Tentative Ruling for Demurrer/Motion to Strike published.
April 2, 2021 Appointment of Official Reporter Pro Tempore (and Order) filed by The Superior Court of San Diego.
April 2, 2021 Minutes filed for Demurrer/Motion to Strike heard on April 2, 2021.
April 2, 2021 Amended Complaint dismissed without prejudice as to FTB.
April 2, 2021 Amended Complaint dismissed without prejudice as to State Board of Equalization and its Successor Office of Tax Appeals.
April 2, 2021 Amended Complaint dismissed without prejudice as to David W. Swanson.
April 2, 2021 Amended Complaint dismissed without prejudice as to Connie L. Swanson.
April 6, 2021 Civil Jury Trial scheduled for October 15, 2021 at 8:30 a.m. was vacated.
April 6, 2021 Trial Readiness Conference scheduled for October 1, 2021 at 10:00 a.m. was vacated.
April 9, 2021 Notice of Ruling on Defendants FTB’s and Board of Equalization’s Demurrer to Plaintiffs’ First Amended Complaint filed by FTB.
April 9, 2021 Proof of Service Declaration by Email filed by FTB.
April 14, 2021 Notice of Confirmation of Filing.
April 14, 2021 Notice of Ruling on Defendants FTB’s and State Board of Equalization’s Demurrer to Plaintiffs First Amended Complaint filed.
April 14, 2021 Declaration of Service by Email filed.
April 19, 2021 Judgment was entered as follows: Judgment entered for Franchise Tax Board of The State of California; State Board of Equalization of The State of California and its successor California Office of Tax Appeals and against Swanson, Connie L ;Swanson, David W for $ 0.00, punitive damages: $ 0.00, attorney fees: $ 0.00, interest: $ 0.00, prejudgment costs: $ 0.00, other costs: $ 0.00, amount payable to court: $ .00, for a grand total of $ 0.00.
April 19, 2021 Proposed Judgment filed by FTB.
April 19, 2021 Proof of Service filed by FTB.
April 22, 2021 Notice of Entry of Judgment filed by FTB.
June 17, 2021 Notice of Appeal – Document for Record On Appeal #74 filed.
June 17, 2021 Notice of Appeal filed by Appellant referring to FTB and California State Board of Equalization.
June 30, 2021 Notice of Default generated.
July 9, 2021 Notice Designating Clerk’s Transcript filed by Appellants.
July 9, 2021 Notice Designating Reporter’s Transcript(s) filed by Appellants.
July 9, 2021 Default vacated.
July 14, 2021 Notice Designating Clerk’s Transcript.
July 14, 2021 Notice of Confirmation of Filing.
July 14, 2021 E-Filing Transaction Partially Accepted – Notice Designating Reporter’s Transcript(s).
July 14, 2021 Notice of Default filed by The Superior Court of San Diego.
August 11, 2021 Notice Re Fee for Record on Appeal filed by The Superior Court of San Diego.
September 8, 2021 Record on Appeal Civil Case Index Form – Chronological generated.
September 8, 2021 Record on Appeal Civil Case Index Form – Alphabetical generated.
September 9, 2021 Receipt of Reporter’s Transcript filed by the Court.
September 14, 2021 Receipt for Record on Appeal filed by the Court.
September 14, 2021 Disbursement of Clerk’s Trust Fund filed by the Court.
September 14, 2021 Notice of Completion of the Record on Appeal filed by the Court.
December 22, 2022 Order (Court of Appeal Order Denying Rehearing) filed by the Superior Court of San Diego.
March 3, 2023 Remittitur filed by the Superior Court of San Diego.
March 3, 2023 Notice of Appeal Dismissed Without Prejudice as to FTB.
March 3, 2023 Notice of Appeal Dismissed Without Prejudice as to California State Board of Equalization.
March 3, 2023 Notice of Appeal Dismissed Without Prejudice as to Plaintiffs.
March 3, 2023 Judgment entered for California State Board of Equalization; FTB and against Plaintiffs for $0.00, Punitive Damages: $0.00, Attorney Fees: $0.00, Interest: $0.00, Prejudgment Costs: $0.00, Other Costs: $0.00, Amount Payable to Court: $0.00, for a grand total of $0.00.

Court of Appeal Fourth Appellate District

August 16, 2021 Notice of appeal lodged/received by Appellants.
August 16, 2021 Received default notice 8.121(a), designation not filed.
August 16, 2021 Appellants' notice designating record on appeal filed in trial court on July 9, 2021.
September 7, 2021 Civil case information statement filed.
September 15, 2021 Reporter's transcript filed.
October 22, 2021 Stipulation of extension of time filed.
December 20, 2021 Pro Hac Vice application filed by Appellants.
December 21, 2021 Declaration filed in support of Pro Hac Vice.
December 21, 2021 Pro Hac Vice application filed by Appellants.
December 21, 2021 Appellants' Opening Brief filed.
December 21, 2021 Certificate of interested entities and parties filed by Appellants.
December 29, 2021 Stipulation of extension of time filed.
January 10, 2022 Pro Hac Vice granted. The application of Joe Alfred Izen, Jr. to appear on behalf of Appellants.
April 20, 2022 FTB's Brief filed.
April 22, 2022 Request for oral argument filed.
May 10, 2022 Stipulation of extension of time filed, Appellants' Reply Brief due on July 11, 2022.
July 12, 2022 Appellant's Reply Brief filed.
July 12, 2022 Proof of Service filed.
July 12, 2022 Case fully briefed.
September 27, 2022 Calendar Notice Sent – Calendar Date is November 16, 2022 at 9:00 a.m.
November 16, 2022 Cause argued and submitted.
November 30, 2022 Opinion filed, the Judgment is affirmed. FTB is entitled to their costs on Appeal.
December 19, 2022 Rehearing Petition filed by Appellant.
December 22, 2022 Order Denying Rehearing Petition filed.
January 12, 2023 Service Copy of Petition for Review received.
March 3, 2023 Petition for Review Denied in Supreme Court.
March 3, 2023 Remittitur issued
March 3, 2023 Case complete.

Edgar L. Guerrero, Adoracion S. Guerrero v. Franchise Tax Board

Filed
12/13/22
Court
San Francisco County Superior Court, Case № CGC-22-603474
Taxpayer’s Counsel
Arthur V. Pearson
FTB’s Counsel
Lisa Chao
FTB’s Contact
Ann Hodges
Year
2020
Amount
$42,537.24

Issues:

  1. Whether FTB properly imposed a penalty pursuant to Revenue and Taxation Code section 19134?
  2. If FTB properly imposed the penalty, whether plaintiffs have demonstrated reasonable cause to abate the penalty?

Status:

Date Status
December 13, 2022 Other Non-Exempt Complaint filed by Plaintiffs. No Summons issued, Judicial Council Civil Case Cover Sheet not filed. Case Management Conference scheduled for May 17, 2023. Proof of Service due on February 14, 2023. Case Management Statement due on April 24, 2023.
December 13, 2022 Notice to Plaintiff.
December 15, 2022 Summons issued to Plaintiffs.
December 23, 2022 Civil Case Coversheet filed by Plaintiffs.
April 21, 2023 Summons on Complaint filed by Plaintiffs, served on February 8, 2023, mail and acknowledgment. Acknowledgment date, April 19, 2023 as to FTB.
April 21, 2023 Summons on Complaint, Proof of Service only filed by Plaintiffs.
April 24, 2023 Case Management Conference of May 17, 2023 continued to July 19, 2023 at 10:30 a.m. in Department 610, Notice sent by Court.
July 6, 2023 Case Management Conference of July 19, 2023 continued to September 6, 2023 at 10:30 a.m. in Department 610 to obtain an Answer(s) from or Enter Default(s) against Defendant(s). Notice sent by Court.
July 10, 2023 Dismissal of Entire Action of All Parties and All Causes of Action with Prejudice filed.
July 10, 2023 Proof of Service for Request for Dismissal filed by Plaintiffs.
August 14, 2023 Case Management Conference of September 6, 2023 is off Calendar. Dismissal on file, Notice sent by Court.
Filed
02/14/17
Court
San Francisco Superior Court, Case № CGC-17-556629
Taxpayer’s Counsel
Edward O.C. Ord, ESQ., Cheng Zhang, ESQ., Ord & Norman
FTB’s Counsel
Cara Porter
Contact
Renel Sapiandante
Year
2009
Amount
$3,056,077.00

Issues

  1. Whether Plaintiffs properly reported the gain on the sale of real property.
  2. Whether the Notice of Proposed Assessment issued to Plaintiffs was valid.
  3. Whether Plaintiffs are entitled to a worthless stock loss.
  4. Whether Plaintiffs are entitled to a bad debt deduction.
  5. Whether Plaintiffs properly reported an abandonment loss related to certain shares of stock.

Status:

Date Status
February 7, 2017 The Summons and First Amended Complaint were filed by Plaintiffs.
March 15, 2017 FTB filed its Answer to the First Amended Complaint.
June 13, 2017 A Case Management Statement was filed by FTB.
June 28, 2017 Plaintiffs’ Notice of Objection to the Trial Date was heard. The trial is now scheduled to commence on June 11, 2018.
December 1, 2017 Plaintiffs filed a Motion for Summary Judgment along with pleadings in support thereof.
January 16, 2018 The Plaintiffs requested a continuance of the hearing on their Motion for Summary Judgment scheduled for February 20, 2018. The Court granted Plaintiffs’ request and the hearing on the Motion for Summary Judgment was scheduled to occur on May 16, 2018.
January 30, 2018 An Ex Parte Application to continue the trial date, along with documents in support thereof, was filed by FTB. The Court granted the continuance of the trial date. The new Trial date is set for November 13, 2018.
April 16, 2018 The parties jointly requested a continuance of the Hearing on the Motion for Summary Judgment. The Court granted the request and the Hearing on the Motion for Summary Judgment is scheduled to occur on June 27, 2018.
June 14, 2018 FTB filed its Opposition to Plaintiffs’ Motion for Summary Judgment, along with pleadings in support thereof.
June 22, 2018 Plaintiffs’ Reply to FTB’s Opposition to Motion for Summary Judgment was filed, along with pleadings in support thereof.
June 27, 2018 The Court heard oral argument on Plaintiffs’ Motion for Summary Judgment. After the hearing, the Court denied Plaintiffs’ Motion for Summary Judgment.
June 27, 2018 Order Denying Plaintiffs’ Motion for Summary Judgment was filed.
July 13, 2018 Plaintiffs filed an Ex Parte Application to Continue the Trial date of November 13, 2018, together with pleadings in support thereof. The Court denied the Plaintiff’s Ex Parte Application.
August 20, 2018 A Joint Stipulation to Continue Trial Date was filed by the parties.
August 24, 2018 The stipulated Ex Parte Application to Continue Trial date was granted. Trial is now scheduled to commence on July 8, 2019.
February 20, 2019 Plaintiffs filed a Motion to Continue Jury Trial. Hearing on Plaintiffs’ motion is scheduled to be heard on March 21, 2019.
February 28, 2019 Plaintiffs filed Exhibit One to Motion to Continue scheduling Order.
March 8, 2019 FTB’s Opposition to Plaintiffs Motion to Continue Trial was filed.
March 13, 2019 Plaintiffs’ Reply in Support of their Motion to Continue Trial was filed.
March 21, 2019 Argument occurred on Plaintiffs’ Motion to Continue Trial Date. The Court granted Plaintiffs’ Motion to Continue Trial Date. The trial date is continued to December 16, 2019.
October 21, 2019 Plaintiffs file Motion to Continue Trial Date of December 16, 2019.
November 8, 2019 Plaintiffs file Motion to Vacate Trial Date of December 16, 2019.
November 12, 2019 Plaintiffs file ex parte application for order shortening time for plaintiffs to file Motion to Vacate Trial Date of December 16, 2019.
December 10, 2019 Order granting Plaintiffs’ Motion to Vacate the Trial Date of December 16, 2019 and setting case management conference on June 10, 2020.
May 18, 2020 Parties file joint case management statement.
May 27, 2020 Case management on June 10, 2020 continued to December 9, 2020.
November 25, 2020 Case Management Conference on December 9, 2020 continued to March 10, 2021 for Status of Underlying Administrative Proceeding. Notice sent by Court.
December 31, 2020 Case Management Statement filed by Plaintiffs.
February 19, 2021 Case Management Conference of March 10, 2021 is continued to December 8, 2021 for Status of Underlying Administrative Proceeding, Notice sent by Court.
November 16, 2021 Case Management Conference of December 8, 2021 continued to June 8, 2022 at 10:30 a.m. in Department 610 for Status of Underlying Administrative Proceeding. Notice sent by Court.
May 12, 2022 Case Management Statement filed by FTB, estimated time for trial: 1.0 days.
May 16, 2022 Case Management Statement filed by Plaintiffs, estimated time for trial: 3.0 days.
May 16, 2022 Case Management Conference of June 8, 2022 continued to December 7, 2022 at 10:30 a.m. in Dept. 610 for Status of Underlying Administrative Proceeding. Notice sent by Court.
July 29, 2022 Notice of Motion and Motion by FTB to Dismiss Action, Proof of Service filed by FTB. Hearing set for August 23, 2022 at 9:30 a.m. in Department 302.
July 29, 2022 Memorandum of Points and Authorities in Support of Motion by FTB to Dismiss Action filed by FTB.
July 29, 2022 Declaration of Cara M. Porter in Support of Motion by FTB to Dismiss Action filed by FTB.
August 1, 2022 Amended Notice of Hearing of Motion by FTB to Dismiss Action, Proof of Service filed by FTB. Hearing set for September 28, 2022 at 9:30 a.m. in Department 302.
August 23, 2022 Mini Minutes for August 23, 2022 Hearing filed.
August 23, 2022 Law and Motion 302, FTB's Unopposed Motion to Dismiss Action is granted. Prevailing Party to submit a Proposed Order that is verbatim with the substantive portion of the Court's ruling.
September 7, 2022 Filing Fee for Joint Stipulation and Proposed Order to Vacate the Court Order Dated August 23, 2022 and Withdrawal of FTB's Motion to Dismiss Dated July 29, 2022, filed by Plaintiffs.
September 15, 2022 Order on Stipulation (Vacating Minute Order Dated August 23, 2022 and Withdrawal Motion to Dismiss).
September 16, 2022 Substitution of Attorney, Betty J. Williams substituted for Edward O.C. Ord as attorney for Edward Silva.
September 22, 2022 Notice of Motion and Motion by FTB to Dismiss CCP Section 583.310, filed by FTB. Hearing set for October 18, 2022 at 9:30 a.m. in Department 302.
September 22, 2022 Memorandum of Points and Authorities in Support of Motion by FTB to Dismiss Action CCP Section 583.310, filed by FTB.
September 22, 2022 Declaration of Cara M. Porter in Support of Motion by FTB to Dismiss Action, CCP Section 583.310, filed by FTB.
September 22, 2022 Proof of Service by Electronic Mail filed by FTB.
September 26, 2022 Dismissal Without Prejudice of 1st Amended Complaint.
September 28, 2022 Mini Minutes for September 28, 2022, 9:30 a.m. for Department 302 filed.
September 28, 2022 Law and Motion, 302, FTB’s Motion to Dismiss Action, off Calendar per Stipulation and Order filed on September 15, 2022.
October 18, 2022 Mini Minutes for October 18, 2022, 9:30 a.m. for Department 302.
October 18, 2022 Law and Motion, 302, FTB's Unopposed Motion to Dismiss is granted. Prevailing Party to submit a Proposed Order that is verbatim with the substantive portion of the Court's ruling.
Filed
01/24/19
Court
San Diego County Superior Court, Case № 201900004562
Taxpayer’s Counsel
William A. Cohan
FTB’s Counsel
Tim Nadar
Contact
Renel Sapiandante
Year
2015
Amount
$1,441,597.00

Issues:

  1. Whether the issuance of disproportionate distributions to shareholders by an S corporation results in an involuntary termination of the corporation’s "S" election so as to transmute the tax status of the corporation to that of a "C" corporation.
  2. Whether the Plaintiff is entitled to a refund of taxes paid measured by the difference between what he paid on his distributive share from an assumend "S" corporation and what he should have paid on a distribution from a "C" corporation.

Status:

Date Status
January 24, 2019 Summons and Complaint were filed.
February 21, 2019 FTB filed its General Denial.
May 23, 2019 Garden City filed a Notice of Motion and Motion to Intervene together with pleadings in support thereof. The Hearing on the Motion to Intervene of Nonparty Garden City Inc., is scheduled to occur on August 2, 2019.
July 22, 2019 Plaintiff filed his Opposition to the Motion to Intervene.
July 26, 2019 Garden City filed its Reply Brief in Support of its Motion to Intervene.
August 2, 2019 Garden City’s Motion to Intervene as a defendant is granted. Case management conference continued to October 18, 2019.
October 18, 2019 Case management conference continued to December 20, 2019.
November 21, 2019 Case management statement filed by FTB.
December 4, 2019 Case management statement filed by Swallow.
December 5, 2019 Case management statement filed by Garden City, Inc.
December 5, 2019 Notice to Appear filed by Garden City, Inc.
December 20, 2019 Case management conference.
May 16, 2020 Civil jury trial rescheduled to June 11, 2021.
May 16, 2020 Trial readiness conference rescheduled to May 14, 2021.
September 2, 2020 Association of Attorney filed by Eric G. Swallow.
September 9, 2020 Ex Parte scheduled for September 16, 2020.
September 15, 2020 Ex Parte Application – Other and Supporting Documents Re: Informal Discovery Conference filed by Intervenor, Garden City, Inc.
September 15, 2020 Statement – Other (Informal Discovery Conference Statement) filed by Eric G. Swallow.
September 16, 2020 Status Conference scheduled for October 1, 2020.
September 16, 2020 Minutes finalized for Ex Parte heard on September 16, 2020.
September 29, 2020 Stipulation – Other – Fee Due (and Order Signed September 30, 2020) filed by Garden City, Inc., FTB and Eric G. Swallow.
October 1, 2020 Minutes finalized for Status Conference heard on October 1, 2020.
October 5, 2020 Notice – Other (Notice of Entry of Order) filed by Garden City, Inc.
November 16, 2020 Motion Hearing scheduled for February 19, 2021.
November 16, 2020 Motion – Other (Plaintiff Eric Swallow’s Notice of Motion for a Court Order to Uphold Confidentiality Designations Pursuant to Stipulated Protective Order) filed by Eric G. Swallow.
January 25, 2021 Ex Parte scheduled for February 2, 2021.
January 27, 2021 Motion – Other (Plaintiff Eric Swallow’s Notice of Motion for a Court Order to Uphold Confidentiality Designations Pursuant to Stipulated Protective Order) filed by Eric G. Swallow.
January 27, 2021 Ex Parte Application – Other and Supporting Documents (informal discovery conference statement to compel deposition) filed by FTB.
January 27, 2021 Memorandum of Points and Authorities (in support of informal discovery conference) filed by FTB.
January 27, 2021 Declaration – Other (of Laura E. Robbins in support of informal discovery conference) filed by FTB.
January 29, 2021 Notice – Other (of Continued Hearing) filed by Eric G. Swallow.
February 1, 2021 Objections filed by Eric G. Swallow.
February 2, 2021 Minutes finalized for Ex Parte heard on February 2, 2021.
February 2, 2021 Notice of Hearing on Motion to Compel Further Responses to Form Interrogatories filed by Eric G. Swallow.
February 2, 2021 Notice of Hearing on Motion to Compel Further Responses to Request for Admission filed by Eric G. Swallow.
February 2, 2021 Notice of Hearing on Motion to Compel Further Responses & Production of Documents to Request for Production filed by Eric G. Swallow.
February 11, 2021 Notice of Withdrawal of Motion for a Court Order to Uphold Confidentiality Designations Based on Agreement Reached.
February 16, 2021 Motion Hearing (Civil) scheduled for May 14, 2021 was vacated.
March 3, 2021 Motion Hearing (Civil) scheduled for July 2, 2021 at 11:00 a.m.
March 17, 2021 Motion – Other (Motion to Stay) filed by Plaintiff.
March 17, 2021 Request for Judicial Notice filed by Plaintiff.
March 24, 2021 Stipulation – Other – Fee Due (Joint Stipulation and Order to Advance the July 2, 2021 Hearing Date) filed by FTB and Plaintiff.
March 26, 2021 The Motion Hearing (Civil) was rescheduled to May 7, 2021 at 11:00 a.m.
March 29, 2021 Notice of Entry of Judgment filed by Eric G. Swallow.
April 6, 2021 Notice of Change of Address/Telephone Number filed by Eric G. Swallow.
April 23, 2021 Opposition to Plaintiff’s Motion to Stay or Alternatively, to Continue Trial Date filed by FTB.
April 26, 2021 Memorandum of Points and Authorities filed by Garden City, Inc.
April 26, 2021 Declaration – Other filed by Garden City, Inc.
April 27, 2021 Proof of Service filed by Garden City, Inc.
April 30, 2021 Reply to Opposition of Noticed Motion and Supporting Declarations filed by Eric G. Swallow.
May 3, 2021 FTB’s Objections to Declarations of Mr. Oettinger and Mr. Robbins Offered in Support of the Reply Brief in Support of Plantiff’s Motion for a Stay or, Alternatively, to Continue Trial Date.
May 6, 2021 Tentative Ruling for Motion Hearing (Civil) published.
May 7, 2021 Motion Hearing (Civil) continued pursuant to Court’s Motion to May 14, 2021 at 1:30 p.m.
May 7, 2021 Trial Readiness Conference (Civil) continued pursuant to Court’s Motion to May 21, 2021 at 10:30 a.m.
May 7, 2021 Minutes finalized for Motion Hearing (Civil) heard on May 7, 2021 at 11:00 a.m. (Subsequently Amended).
May 12, 2021 Minutes finalized for Motion Hearing (Civil) heard on May 7, 2021 at 11:00 a.m. (As Amended).
May 13, 2021 Tentative Ruling for Motion Hearing (Civil) published.
May 14, 2021 Appointment of Official Reporter Pro Tempore (Marie Mellgren – CSR #9442) granted, filed by The Superior Court of San Diego.
May 14, 2021 Motion Hearing (Civil) continued pursuant to Court’s Motion to November 5, 2021 at 1:30 p.m.
May 14, 2021 Minutes finalized for Motion Hearing (Civil) heard on May 14, 2021 at 1:30 p.m.
May 17, 2021 Civil Court Trial scheduled for June 11, 2021 at 8:40 a.m., Katherine Bacal was vacated.
May 17, 2021 Trial Readiness Conference (Civil) scheduled for May 21, 2021 at 10:30 a.m., Katherine Bacal was vacated.
May 17, 2021 Status Conference (Civil) scheduled for November 5, 2021 at 1:30 p.m.
August 19, 2021 Notice of Change of Address/Telephone Number filed by Eric G. Swallow.
August 27, 2021 Ex Parte Application – Other and Supporting Documents filed by Eric G. Swallow.
August 27, 2021 Proposed Order Submitted by Eric G. Swallow received but not filed on August 27, 2021.
August 30, 2021 Proof of Service filed by Plaintiff.
August 31, 2021 Ex Parte scheduled for September 8, 2021 at 8:45 a.m.
September 1, 2021 Amended Notice of Hearing filed by Plaintiff.
September 3, 2021 FTB’s Opposition to Plaintiff’s Ex Parte to Schedule Hearing on Motion to Compel Further Responses from Jian Antonelli filed by FTB.
September 7, 2021 Garden City, Inc.’s Opposition to Ex Parte filed by Intervenor, Garden City, Inc.
September 7, 2021 Declaration of Maureen A. Harrington’s ISO Opposition to Ex Parte filed by Intervenor, Garden City, Inc.
September 7, 2021 Proof of Service filed by Intervenor, Garden City, Inc.
September 8, 2021 Minute Order for Ex Parte heard on September 8, 2021 filed by Clerk.
October 12, 2021 Motion to Compel Discovery (to Compel Answers to Deposition Questions from FTB Agent Jian Antonelli) filed by Plaintiff.
October 12, 2021 Separate Statement in Support of Motion to Compel filed by Plaintiff.
October 22, 2021 Case Management Statement filed by FTB.
October 22, 2021 Opposition to Plaintiff’s Motion to Compel Answer to Deposition Questions from FTB’s Agent Jian Antonelli filed by FTB.
October 25, 2021 Memorandum of Points and Authorities filed by Garden City, Inc.
October 26, 2021 Declaration of Maureen A. Harrington in Support of Opposition to Plaintiff’s Motion to Compel.
October 29, 2021 Omnibus Reply Memorandum of Points and Authorities in Support of Plaintiff’s Motion to Compel Answers to Deposition Questions from FTB’s Agenda Jian Antonelli; Declaration of Gabriel L. Cohan.
November 1, 2021 Proof of Service re Garden City, Inc., Opposition Motion to Compel filed by Garden City, Inc.
November 5, 2021 Tentative Ruling for Discovery Hearing published.
November 5, 2021 Appointment of Official Reporter Pro Tempore (Suzanne Tate – CSR #8120 granted) filed by the Superior Court of San Diego.
November 5, 2021 Civil Court Trial scheduled for February 22, 2022 at 9:30 a.m.
November 5, 2021 Trial Readiness Conference (Civil) scheduled for February 4, 2022 at 10:30 a.m.
November 5, 2021 Minutes finalized for Multiple Events heard on November 5, 2021 at 1:30 p.m.
January 3, 2022 Ex Parte scheduled for January 11, 2022 at 8:45 a.m. at Central in C-69.
January 7, 2022 Ex Parte Application – Other and Supporting Documents (to Substitute Denay Salvi for Donna Crisp as an Expert Witness) filed by FTB.
January 7, 2022 Declaration – Other (of Laura Robbins) filed by FTB.
January 7, 2022 Proposed Order submitted by FTB received but not filed on January 7, 2022.
January 11, 2022 Order – Other (Granting Application to Designate Denay Salvi as an Expert Witness and to Withdraw the Designation of Donna Crisp as an Expert Witness) filed by FTB.
January 11, 2022 Minutes finalized for Ex Parte heard on January 11, 2022 at 8:45 a.m.
January 19, 2022 Ex Parte scheduled for January 25, 2022 at 8:45 a.m. at Central in C-69.
January 24, 2022 Ex Parte Application for Stay filed by Plaintiff.
January 24, 2022 Proposed Order filed by Plaintiff.
January 24, 2022 Reply to Opposition – Other filed by FTB.
January 24, 2022 Memorandum of Points and Authorities filed by Garden City, Inc.
January 25, 2022 Motion Hearing (Civil) scheduled for February 4, 2022 at 1:30 p.m.
January 25, 2022 Trial Readiness Conference (Civil) continued pursuant to Court’s Motion to February 4, 2022 at 1:30 p.m.
January 25, 2022 Minutes finalized for Ex Parte heard January 25, 2022 at 8:45 a.m.
January 28, 2022 Opposition – to Motion to Stay Proceedings filed by FTB.
January 28, 2022 Memorandum of Points and Authorities filed by Garden City, Inc.
January 28, 2022 Joint Trial Readiness Conference Report filed by Plaintiff.
January 28, 2022 Proof of Service filed by Garden City, Inc.
February 2, 2022 Reply to Opposition filed by Plaintiff.
February 3, 2022 Notice of Errata filed by Plaintiff.
February 3, 2022 Tentative Ruling for Motion Hearing (Civil) published.
February 4, 2022 Appointment of Official Reporter Pro Tempore (Stephanie Bryant – CSR# 13160 Granted) filed by The Superior Court of San Diego.
February 4, 2022 Status Conference (Civil) scheduled for May 20, 2022 at 9:00 a.m. before Judge Katherine Bacal.
February 4, 2022 Civil Court Trial scheduled for August 15, 2022 at 9:30 a.m. before Judge Katherine Bacal.
February 4, 2022 Minutes finalized for Multiple Events heard February 4, 2022 at 1:30 p.m.
February 8, 2022 Civil Court Trial scheduled for February 22, 2022 at 9:30 a.m. at Central in C-69, Katherine Bacal was vacated.
May 19, 2022 Notice of Remote Appearance filed by Plaintiff.
May 19, 2022 Notice of Remote Appearance filed by FTB.
May 19, 2022 Notice of Remote Appearance filed by Garden City, Inc.
May 20, 2022 Minutes finalized for Status Conference (Civil) heard on May 20, 2022 at 9:00 a.m.
June 30, 2022 Ex Parte scheduled for July 7, 2022 at 8:45 a.m. at Central in C-69.
July 5, 2022 Ex Parte Application for Stay filed by Plaintiff.
July 5, 2022 Proposed Order Submitted by Plaintiff, but not filed on July 5, 2022.
July 6, 2022 Notice of Remote Appearance filed by Garden City, Inc.
July 6, 2022 Notice of Remote Appearance filed by Plaintiff.
July 6, 2022 Opposition – Other (To Ex Parte Application to Stay) filed by FTB.
July 6, 2022 Notice of Remote Appearance filed by FTB.
July 7, 2022 Ex Parte Continued Pursuant to Court's Motion to July 14, 2022 at 8:45 a.m.
July 7, 2022 Minutes Finalized for Ex Parte heard July 7, 2022 at 8:45 a.m.
July 12, 2022 Opposition – Other (To Ex Parte Application to Stay Proceedings) filed by Garden City, Inc.
July 13, 2022 Notice of Remote Appearance filed by Garden City, Inc.
July 13, 2022 Notice of Remote Appearance filed by Plaintiff.
July 13, 2022 Proof of Service filed by Garden City, Inc.
July 13, 2022 Opposition – Other filed by FTB.
July 14, 2022 Appointment of Official Reporter Pro Tempore (Debbie Wood – Granted) filed by The Superior Court of San Diego.
July 14, 2022 Status Conference (Civil) scheduled for August 12, 2022 at 8:45 a.m.
July 14, 2022 Civil Court Trial Set for August 15, 2022 at 9:30 a.m. vacated.
July 14, 2022 Minutes finalized for Ex Parte heard July 14, 2022 at 8:45 a.m.
August 4, 2022 Notice of Remote Appearance filed by Garden City, Inc.
August 4, 2022 Notice of Remote Appearance filed by Plaintiff.
August 4, 2022 Notice of Remote Appearance filed by FTB.
August 12, 2022 Civil Court Trial scheduled for November 1, 2022 at 9:30 a.m.
August 12, 2022 Minutes finalized for Status Conference (Civil) heard on August 12, 2022 at 8:45 a.m.
August 30, 2022 Ex Parte hearing scheduled for September 8, 2022 at 8:45 a.m. at Central in C-69.
September 6, 2022 Informal Discovery Conference Brief filed by Garden City, Inc.
September 6, 2022 Proof of Service filed by Garden City, Inc.
September 7, 2022 Notice of Remote Appearance filed by FTB.
September 7, 2022 Response to Ex Parte Application filed by Plaintiff.
September 8, 2022 Discovery Hearing scheduled for September 30, 2022 at 11:00 a.m.
September 8, 2022 Minutes finalized for Ex Parte hearing heard on September 8, 2022.
September 8, 2022 Notice of Hearing filed by Garden City, Inc.
September 8, 2022 Memorandum of Points and Authorities in Support of Motion to Compel Plaintiff to Respond to Requests for Production of Documents; and Request for Monetary Sanctions filed by Garden City, Inc.
September 8, 2022 Declaration of Maureen A. Harrington in Support of Motion to Compel filed by Garden City, Inc.
September 9, 2022 Proof of Service filed by Garden City, Inc.
September 16, 2022 Plaintiff's Opposition to Motion to Compel Responses to RFP-2 and for Monetary Sanctions filed.
September 16, 2022 Declaration of Laura E. Robbins in Support of FTB’s Response to Garden City, Inc.’s Motion to Compel Documents filed.
September 22, 2022 Notice of Remote Appearance filed by Garden City, Inc.
September 22, 2022 Supplemental Declaration of Maureen A. Harrington in Support of Motion to Compel filed.
September 22, 2022 Reply to Opposition of Noticed Motion and Supporting Declarations filed by Garden City, Inc.
September 22, 2022 Proof of Service filed by Garden City, Inc.
September 26, 2022 Notice of Remote Appearance filed by FTB.
September 26, 2022 Notice of Remote Appearance filed by Eric G. Swallow.
September 28, 2022 Request for Judicial Notice filed by Eric G. Swallow.
September 29, 2022 Tentative Ruling for Discovery Hearing Published.
September 30, 2022 Appointment of Official Reporter Pro Tempore (Candace Khorousan – CSR# 11579 – Granted) filed by The Superior Court of San Diego.
September 30, 2022 Minutes finalized for Discovery Hearing heard on September 30, 2022 at 11:00 a.m.
October 17, 2022 Request for Dismissal Without Prejudice – Entire Action filed by Plaintiff.
October 17, 2022 Complaint Dismissed Without Prejudice as to FTB.
October 17, 2022 Complaint Dismissed Without Prejudice as to Eric G. Swallow.
October 17, 2022 Complaint Dismissed Without Prejudice as to Garden City, Inc.
October 31, 2022 Civil Court Trial scheduled for November 1, 2022 at 9:30 a.m. at Central in C-69. Katherine Bacal was vacated.
Filed
March 16, 2022
Court
Sacramento County Superior Court, Case No. 34-2022-00316913
Taxpayer’s Counsel
Boutin Jones Inc., Robert R. Rubin
FTB’s Counsel
Molly Mosley
Contact
Natasha Page
Years
1991
Amount
$11,372,224.00

Issues:

  1. Whether Appellant's income is taxable as California source income.

Status:

Date Status
March 16, 2022 Complaint filed by Plaintiff.
March 16, 2022 Civil Case Cover Sheet filed by Plaintiff.
March 16, 2022 Order – Other (Re. Delay in Scheduling Initial Case Management Conference) filed.
March 16, 2022 Case assigned to Department 38.
March 17, 2022 Summons filed by Plaintiff.
March 17, 2022 Summons for 30-Day Summons was issued during case initiation on March 17, 2022.
May 10, 2022 Order – Scheduling of Case Management Conference filed.
May 12, 2022 Case Management Conference – Case Management Program scheduled for August 26, 2022 at 8:30 a.m. in Dept. 38 at Gordon D. Schaber Courthouse and the Notice of Case Management Conference and Order to Appear has been generated.
May 12, 2022 Clerk's Certificate of Service by Mail (out of process) generated.
June 24, 2022 FTB's answer filed.
August 10, 2022 Association of Attorney filed by Plaintiff.
August 11, 2022 Joint Case Management Statement filed by FTB.
August 12, 2022 Donald J. Kula added effective August 10, 2022.
August 15, 2022 Tentative Ruling for Case Management Conference – Case Management Program set on August 26, 2022 at 8:30 a.m. published.
August 17, 2022 Notice of Remote Appearance filed by Plaintiff.
August 26, 2022 Case Referred to Trial Setting process for parties' selection of Trial date and Mandatory Settlement Conference date within 60 days of the referral date.
August 26, 2022 Case Referred to Trial Setting process for parties' selection of Trial date and Mandatory Settlement Conference date no later than 60 days after the effective date.
August 26, 2022 Minutes finalized for Case Management Conference - Case Management Program heard on August 26, 2022 at 8:30 a.m.
October 4, 2022 Request for Dismissal filed by Plaintiff.
October 5, 2022 Complaint disposed with Disposition for Request for Dismissal.
October 21, 2022 Notice of Entry of Dismissal Filed by Plaintiff.
Filed
02/13/2019
Court
Los Angeles County Superior Court, Case № 19STCV04980
Taxpayer’s Counsel
Steven J. Goon, Rutan & Tucker
FTB’s Counsel
Laura Robbins
Contact
Renel Sapiandante
Years
2004, 2005
Amount
$1,835,625.45

Issues:

  1. Whether appellant has shown that it is entitled to the claimed California research and development credit.
  2. Whether Appellant has shown that it properly calculated its net operating loss (NOL) carryovers.
  3. Whether appellant has shown reasonable cause for failure to timely file its return for tax year ending November 22, 2005.

Status:

Date Status
February 12, 2019 Summons and Complaint were filed.
March 28, 2019 FTB’s Answer to Complaint was filed.
July 23, 2019 Case Management Conference.
February 11, 2020 Motion to compel further discovery responses filed by FTB.
February 13, 2020 Court continues post-mediation status conference from March 12, 2020 to March 20, 2020.
March 9, 2020 Plaintiff files opposition to FTB’s Motion to Compel.
March 13, 2020 FTB files reply in support of Motion to Compel.
March 20, 2020 Hearing on FTB’s Motion to Compel is continued to May 21, 2020.
March 20, 2020 Post-mediation status conference is continued.
July 16, 2020 Notice (of Intent to Appear by Video Conference at (1) Hearing on the FTB’s MTC Further Response to RFPs 33-35; (2) Hearing on the FTB’s MTC Further Response to Deposition of Nima Taghavi; (3) Post-Mediation Status Conference; and (4) TSC).
July 20, 2020 Case Management Order filed by Clerk.
July 20, 2020 Minute Order (Hearing on Motion to Compel Further Discovery Responses to Deposition) filed by Clerk.
July 20, 2020 Held Trial Setting Conference.
July 20, 2020 Held hearing on Hearing on Motion to Compel Further Discovery Responses (to Requests for Production, Set 3, Requests 33, 34, and 35 by Defendant State of California Franchise Tax Board).
July 20, 2020 Post-Mediation Status Conference held and continued.
July 20, 2020 Held Trial Setting Conference.
July 28, 2020 FTB filed Notice of Ruling.
August 3, 2020 Order (Granting in Part and Denying in Part Motion to Compel Further Responses to Requests for Production) filed by FTB.
August 27, 2020 Notice of Case Reassignment and Order for Plaintiff to Give Notice filed by Clerk.
September 8, 2020 Notice of Case Reassignment filed by Handleman-CEG, Inc.
September 8, 2020 Proof of Service (not Summons and Complaint) filed by Handleman-CEG, Inc.
September 30, 2020 Stipulation and Order (Stipulation and Proposed Protective Order filed by Handleman-CEG), Inc.
October 1, 2020 Notice of Entry of Stipulation and Protective Order filed by Handleman-CEG, Inc.
November 2, 2020 Case Management Statement filed by FTB.
November 2, 2020 Case Management Statement filed by Handleman-CEG, Inc.
November 12, 2020 Notice of Change of Address or Other Contact Information filed by Plaintiff’s attorney.
November 17, 2020 Minute Order (Case Management Conference) filed by Clerk.
November 17, 2020 Certificate of Mailing for (Case Management Conference) of November 17, 2020, Addendum Re: Discovery filed by Clerk.
November 24, 2020 Notice of Ruling filed by FTB.
December 7, 2020 Objection (Plaintiff Handleman-CEG, Inc.’s Objection to Notice of Ruling) filed.
December 18, 2020 Notice of Minute Order filed by FTB.
December 24, 2020 Notice of Motion filed by FTB.
December 24, 2020 Request for Judicial Notice filed by FTB.
December 24, 2020 Notice of Motion filed by FTB.
January 8, 2021 Notice of Case Reassignment and Order for Plaintiff to Give Notice filed by Clerk.
January 15, 2021 Notice of Case Reassignment filed by Plaintiff.
January 15, 2021 Opposition (Plaintiff’s Opposition to Defendant’s Motion in Limine No. 2 to Exclude Testimony and Opinions Related to Carolyn Smith Driscoll’s Testimony as The Person Most Qualified and as a Percipient Witness; and Declaration of Corey H. Collins) filed by Plaintiff.
January 15, 2021 Opposition (Plaintiff’s Opposition to Defendant’s Motion in Limine No. 5 to Exclude Portions of Testimony & Report of Expert Bradford Hall for Failure to Exhaust Administrative Remedies, as Legal Conclusions, and as Hearsay; and Declaration of Corey H. Collins) filed by Plaintiff.
January 15, 2021 Opposition (Plaintiff’s Opposition to Defendant’s Motion in Limine No. 1 to Exclude Testimony and Opinions Related to the Credit Calculation Prepared by Carolyn Smith Driscoll and the Credit Calculation; Declaration of Corey H. Collins) filed by Plaintiff.
January 15, 2021 Opposition (Plaintiff’s Opposition to Defendant’s Motion in Limine No. 4 to Exclude Testimony, Opinions, and Evidence to Calculations That Were Made After Plaintiff Submitted Its Claim for Refund; and Declaration of Corey H. Collins) filed by Plaintiff.
January 15, 2021 Opposition (Plaintiff’s Opposition to Defendant’s Motion in Limine No. 9 to Exclude Contracts Produced on April 29, 2020 and Related Testimony for Failure to Exhaust Administration Remedies; Declaration of Corey H. Collins) filed by Plaintiff.
January 15, 2021 Opposition (Plaintiff’s Opposition to Defendant’s Motion in Limine No. 8 to Exclude the Testimony and Any Related Writings of Mark Burke in His Capacity as a Non-Retained Percipient Expert; and Declaration of Corey H. Collins) filed by Plaintiff.
January 15, 2021 Opposition (Plaintiff’s Opposition to Defendant’s Motion in Limine No. 7 to Exclude the Testimony and Any Related Writings of Rob Dyer in His Capacity as a Non-Retained Percipient Expert; and Declaration of Corey H. Collins) filed by Plaintiff.
January 15, 2021 Opposition (Plaintiff’s Opposition to Defendant’s Motion in Limine No. 3 to Exclude the Declarations of Robert King, Richard Robledo, Rob Sandberg, Mark Burke, and Rob Dyer; and Declaration of Corey H. Collins) filed by Plaintiff.
January 15, 2021 Opposition (Plaintiff’s Opposition to Defendant’s Motion in Limine No. 6 to Exclude the Testimony and Any Related Writings of Nima Taghavi in His Capacity as a Non-Retained Percipient Expert; and Declaration of Corey H. Collins) filed by Plaintiff.
February 2, 2021 Motion in Limine (No 1 - Reply In Support of Motion in Limine to Exclude Testimony and Opinions Related to the Credit Study Prepared by Carolyn Smith Driscoll and The Credit Study) Filed by FTB.
February 2, 2021 Motion in Limine (No 3 - Reply In Support of Motion in Limine to Exclude the Declarations of Robert King, Richard Robledo, Rob Sandberg, Mark Burke, and Rob Dyer) Filed by FTB.
February 2, 2021 Motion in Limine (No 4 - Reply In Support of Motion in Limine to Exclude Testimony, Opinions, and Evidence to Calculations that were Made After Plaintiff Submitted Its Claim for Refund) Filed by FTB.
February 2, 2021 Motion in Limine (No 9 - Reply In Support of Motion in Limine to Exclude Contracts Produced on April 29, 2020 and Related Testimony For Failure to Exhaust Administrative Remedies) Filed by FTB.
February 2, 2021 Motion in Limine (No 2 - Reply In Support of Motion in Limine to Exclude Testimony and Opinions Related to Carolyn Smith Driscoll’s Testimony as the Person Most Qualified and as a Percipient Witness) Filed by FTB.
February 2, 2021 Motion in Limine (No 5 - Reply In Support of Motion in Limine to Exclude Portions of Testimony and Report of Expert Bradford Hall for Failure to Exhaust Administrative Remedies) Filed by FTB.
February 3, 2021 Motion in Limine (No 7 - Reply In Support of Motion in Limine to Exclude the Testimony and any Related Writings of Rob Dyer in His Capacity as a Non-Retained Percipient Expert) Filed by FTB.
February 3, 2021 Motion in Limine (No 8 - Reply In Support of Motion in Limine to Exclude the Testimony and any Related Writings of Mark Burke in His Capacity as a Non-Retained Percipient Expert) Filed by FTB.
February 5, 2021 Motion in Limine (No 6 - Reply In Support of Motion in Limine to Exclude the Testimony and any Related Writings of Nima Taghavi in His Capacity as a Non-Retained Percipient Expert) Filed by FTB.
March 3, 2021 Ex Parte Application (Joint Ex Parte Application of Plaintiff Handleman-CEG, Inc. and Defendant FTB to continue Trial Date and Deadlines that have not yet occurred; Memorandum of Points and Authorities).
March 3, 2021 Declaration of Corey H. Collins filed by FTB.
March 3, 2021 Declaration of Laura E. Robbins filed by FTB.
March 5, 2021 Minute Order (Hearing on Ex Parte Application to Continue Trial Date and Deadlines) filed by Clerk.
April 8, 2021 Minute Order (Trial Setting Conference) filed by Clerk.
April 12, 2021 Minute Order (Trial Setting Conference) filed by Clerk.
July 20, 2021 Minute Order (Non-Appearance Case Review) filed by Clerk
July 20, 2021 Certificate of Mailing for (Non-Appearance Case Review of July 20, 2021) filed by Clerk
July 23, 2021 Trial Brief filed by Plaintiff
July 23, 2021 Witness List (Joint) filed by Plaintiff
July 23, 2021 Exhibit List (Joint) filed by Plaintiff
July 23, 2021 Trial Brief filed by FTB
July 23, 2021 Request for Judicial Notice filed by FTB
July 29, 2021 Minute Order (Final Status Conference) filed by Clerk
July 29, 2021 Plaintiff’s Opposition to FTB’s Request for Judicial Notice in Support of Its Trial Brief filed by Plaintiff
July 30, 2021 Notice (of Errata Re FTB’s Request for Judicial Notice in Support of Its Trial Brief) filed by FTB
August 2, 2021 Reply (FTB’s Reply in Support of It’s Request for Judicial Notice in Support of It’s Trial Brief) filed by FTB
August 9, 2021 Minute Order (Final Status Conference) filed by Clerk
August 9, 2021 Certificate of Mailing for ((Final Status Conference) of 8/9/2021) filed by Clerk
August 9, 2021 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore filed by Clerk
August 10, 2021 Minute Order (Court Orders from Final Status Conference Dated 8/9/2021) filed by Clerk
August 10, 2021 Certificate of Mailing for ((Court Orders from Final Status Conference dated 8/9/2021) of 8/9/2021) filed by Clerk
August 10, 2021 Declaration of Laura E. Robbins Attaching Exhibits Re Standing in Response to August 9, 2021 Order filed by FTB
August 10, 2021 Minute Order (Nunc Pro Tunc Order Re Time of Hearing on 8/16/2021) filed by Clerk
August 10, 2021 Certificate of Mailing for ((Nunc Pro Tunc Order Re Time of Hearing on 8/16/2021) of 8/10/2021) filed by Clerk
August 13, 2021 Plaintiff’s Response to Order to Show Cause (Why (1) Nima Taghavi Should Not be Substituted as Plaintiff; or in the Alternative, Why This Case Should Not be Dismissed for Lack of Standing; and (2) Why the Court Should Not Bifurcate the Trial) filed by Plaintiff
August 16, 2021 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore filed by FTB
August 16, 2021 Notice (of Dismissal with Prejudice) filed by Plaintiff
August 16, 2021 Minute Order (Order to Show Cause Why (1) Nima Taghavi Should Not be Substituted as Plaintiff; or in the Alternative, Why This Case Should Not be Dismissed for Lack of Standing; and (2) Why the Court Should Not Bifurcate the Trial) filed by Clerk
August 16, 2021 Order – Dismissal filed by Clerk
Filed
August 22, 2022
Court
Sacramento County Superior Court,
Case No.
34-2022-00315780
Taxpayer’s Counsel
JohnAllen L. Robinson (Pro Per)
FTB’s Counsel
Jennifer Henderson
FTB’s contact: 
Scott DePeel
Years:
2015, 2016, 2017, 2018, 2019, 2020
Amount
Approximately $27,299.91

Issues:

  1. Whether the Plaintiff paid the full amount of tax, interest and penalties for certain tax years alleged in Complaint.
  2. Whether Plaintiff failed to state a cause of action in Complaint.

Status:

Date Status
February 22, 2022 Complaint filed by Plaintiff.
February 22, 2022 Case Assigned to Department 31.
February 22, 2022 Order – Re: Delay in Scheduling Initial Case Management Conference filed.
March 11, 2022 Civil Case Cover Sheet filed by Plaintiff.
March 15, 2022 Summons filed by Plaintiff.
March 17, 2022 Declaration – Other (in support of) filed by Plaintiff.
March 17, 2022 Civil Case Cover Sheet filed by Plaintiff.
May 9, 2022 Order – Other (Scheduling of Case Management Conference) filed.
May 11, 2022 Case Management Conference – Case Management Program scheduled for August 12, 2022 at 8:30 a.m. in Department 31 and the Notice of Case Management Conference and Order to Appear has been generated.
May 11, 2022 Clerk's Certificate of Service By Mail (out of process) generated.
July 5, 2022 Case Management Statement filed by Plaintiff.
July 18, 2022 Correspondence filed by Plaintiff.
August 1, 2022 Tentative Ruling for Case Management Conference – Case Management Program set on August 12, 2022 at 8:30 a.m. published.
August 3, 2022 Declaration – Other filed by Plaintiff.
August 12, 2022 Case Management Conference – Case Management Program rescheduled to June 2, 2023 at 8:30 a.m. in Department 31.
August 12, 2022 Case Management Conference – Case Management Program scheduled for June 2, 2023 at 8:30 a.m. in Department 31 and the Notice of Case Management Conference and Order to Appear has been generated.
August 12, 2022 Minutes finalized for Case Management Conference – Case Management Program heard on August 12, 2022 at 8:30 a.m.
August 22, 2022 Declaration – Other (in support of) submitted by Plaintiff rejected on August 22, 2022.
August 22, 2022 Summons filed by Plaintiff.
August 30, 2022 Request – Entry of Default and Court Judgment submitted by Plaintiff – Rejected on August 30, 2022.
September 27, 2022 Notice of Hearing on Demurrer to Complaint filed by FTB.
September 27, 2022 Declaration – Other of Jennifer T. Henderson to Demurrer to Complaint, filed by FTB.
September 28, 2022 Hearing on Demurrer – Civil Law and Motion – Demurrer scheduled for February 1, 2023, at 9:00 a.m. in Department 54 at Gordon D. Schaber Courthouse.
October 10, 2022 Case Management Conference - Case Management Program scheduled for 06/02/2023 at 08:30:00 AM in Department 43 at Gordon D Schaber Courthouse and the Notice of Case Management Conference and Order to Appear has been generated.
October 10, 2022 Case reassigned to Department 43 effective 10/10/2022.
January 25, 2023 Declaration of Jennifer T. Henderson Regarding No Opp to Demurrer filed by FTB.
February 1, 2023 Minutes finalized for Hearing on Demurrer - Civil Law and Motion - Demurrer heard on February 1, 2023, at 9 a.m.
May 18, 2023 Notice in Lieu of Case Management Statement filed by FTB.
May 25, 2023 Tentative Case Management Order filed.
June 2, 2023 Minute Order (Case Management Conference – Minute Order Management Program) filed.
June 7, 2023 Case Management Conference – Case Management Program scheduled for April 5, 2024 at 8:30 a.m. in Department 43.
June 7, 2023 Case Management Conference – Case Management Program scheduled for June 2, 2023 at 8:30 a.m. in Department 43 held – Continued – was rescheduled to April 5, 2024 at 8:30 a.m.
July 10, 2023 Ex Parte Application to Dismiss Complaint with Prejudice filed by FTB.
July 10, 2023 Declaration of Jennifer Henderson ISO Ex Parte Application to Dismiss Complaint with Prejudice filed by FTB.
July 10, 2023 Ex Parte Proposed Order Granting Defendant's Ex Parte Application to Dismiss Complaint with Prejudice filed by FTB.
July 11, 2023 Opposition to Ex Parte Application to Dismiss Complaint with Prejudice filed by Plaintiff.
July 11, 2023 Proposed Order filed by Plaintiff.
July 14, 2023 Order Granting Ex Parte Application to Dismiss Complaint with Prejudice filed by Clerk.
July 14, 2023 Case Management Conference – Case Management Program scheduled for 4/5/2024 at 8:30 a.m. not held, vacated by Court.
August 3, 2023 Notice of Entry of Judgment/Dismissal/Other Order filed by FTB.
Filed
03/09/20
Court
San Diego County Superior Court, Case № 37-2020-00013041-CU-MC-CTL
Taxpayer’s Counsel
Denis Retoske
FTB’s Counsel
Tim Nader
Contact
Mary Yee
Year
2009, 2010, and 2011
Amount
$1,198,700.00

Issues:

  1. Whether FTB properly denied Plaintiffs’ claimed investment and Schedule C business interest deductions.

Status:

Date Status
March 9, 2020 Complaint filed.
March 16, 2020 Case Management Conference rescheduled to April 9, 2021.
March 26, 2020 Defendant files Answer.
March 26, 2020 Plaintiffs file Civil Case Cover Sheet and Original Summons.
June 8, 2020 Summons issued.
February 5, 2021 Notice of Change in Handling Attorney filed by FTB.
March 23, 2021 Case Management Statement filed by FTB.
March 23, 2021 Case Management Statement filed by Plaintiffs.
March 23, 2021 Proof of Service filed by Plaintiffs.
April 9, 2021 Trial Readiness Conference scheduled for April 22, 2022 at 8:55 a.m.
April 9, 2021 Civil Court Trial scheduled for May 6, 2022 at 8:50 a.m.
April 9, 2021 Minutes finalized for Civil Case Management Conference heard on April 9, 2021 at 10:30 a.m.
October 30, 2021 Case reassigned from Richard Strauss to James Mangione effective October 30, 2021.
October 30, 2021 Trial Readiness Conference (Civil) reassigned to James Mangione for May 6, 2022 at 8:50 a.m.
October 30, 2021 Civil Court Trial reassigned to James Mangione for May 6, 2022 at 8:50 a.m.
January 6, 2022 Stipulation – Other submitted by FTB; Estate of Barbara J. Vertullo rejected on January 6, 2022.
January 11, 2022 The Civil Court Trial is scheduled for November 4, 2022 at 8:50 a.m. in C-75.
January 11, 2022 The Trial Readiness Conference (Civil) is scheduled for October 21, 2022 at 8:55 a.m. at Central in C-75.
September 20, 2022 The Civil Court Trial was rescheduled to April 7, 2023 at 8:50 a.m. in C-75 before James A. Mangione.
September 20, 2022 The Trial Readiness Conference (Civil) was rescheduled to March 24, 2023 at 8:55 a.m. in C-75 before James A. Mangione.
September 20, 2022 Stipulation – Other – Fee Due filed by FTB. Refers to Estate of Barbara J. Vertullo and John Vertullo.
January 23, 2023 Stipulation – Other – to continue trial date and trial related deadlines filed by Plaintiff.
February 8, 2023 The Trial Readiness Conference (Civil) was rescheduled to June 30, 2023, at 8:55 a.m. in C-75 before James A. Mangione at Central.
February 8, 2023 The Civil Court Trial was rescheduled to July 14, 2023, at 8:50 a.m. in C-75 before James A. Mangione at Central Division.
June 7, 2023 Notice of Conditional Settlement filed by Plaintiff.
June 13, 2023 Civil Court Trial scheduled for July 14, 2023 at 8:50 AM at Central in C-75. James A. Mangione was vacated.
June 13, 2023 Trial Readiness Conference (Civil) scheduled for June 30, 2023 at 8:55 AM at Central in C-75. James A. Mangione was vacated.
July 20, 2023 Complaint Dismissed with Prejudice.
Filed
05/03/19
Court
Los Angeles Superior Court, Case № 19STCV15515
Taxpayer’s Counsel
Madiros H. Dakessian, Dakessian Law, LTD
FTB’s Counsel
Brian D. Wesley
Contact
Scott DePeel
Year
1996
Amount in Controversy
$909,125.84
Tax Refund sought:
$0.00

Issues:

Whether Plaintiff was a resident of California and subject to taxation by California for tax year 1996.

Status:

Date Status
May 3, 2019 Summons and Verified Complaint were filed.
May 6, 2019 Notice of Case Management Conference was filed scheduling the Conference to occur on October 10, 2019.
May 10, 2019 Notice of Case Management Conference was filed scheduling the Conference to occur on August 8, 2019.
May 10, 2019 Plaintiff’s Peremptory Challenge was filed.
June 6, 2019 FTB’s Answer to verified Complaint was filed.
August 9, 2019 Plaintiff’s counsel filed motion to be relieved.
September 11, 2019 Plaintiff’s counsel’s motion to be relieved is granted.
October 10, 2019 Case Management Conference scheduled for October 10, 2019 is vacated and rescheduled for October 15, 2019.
October 15, 2019 Case Management Conference.
November 27, 2019 Plaintiff files substitution of attorney.
December 2, 2019 Case Management Statement filed by plaintiff.
December 13, 2019 Case Management Conference.
August 10, 2020 Notice of Change of Address or Other Contact Information filed by Joseph Keyshawn Johnson.
December 9, 2020 Notice of Motion and Motion to Strike Jury Demand; Memo of Points & Authorities; Declaration of Matthew C. Heyn filed by FTB.
January 4, 2021 Opposition to Motion to Strike Jury Demand filed by Plaintiff.
January 8, 2021 Trial Brief filed by FTB.
January 8, 2021 Witness List filed by FTB.
January 8, 2021 Reply in Support of Motion to Strike Jury Demand; Declaration of Jason Richard Riley filed by FTB.
January 8, 2021 Exhibit List filed by FTB.
January 15, 2021 Minute Order (Hearing on Motion – Other Strike Jury Demand; Final Status) filed by Clerk.
January 20, 2021 Exhibit List filed by FTB.
January 25, 2021 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore (Dianne McGivern #7576) filed by FTB.
January 25, 2021 Minute Order (Non-Jury Trial) filed by Clerk.
January 26, 2021 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore (Willie Anderson #13385) filed by FTB.
January 26, 2021 Minute Order (Non-Jury Trial) filed by Clerk.
February 10, 2021 Notice of Lodging (of Transcripts) filed by FTB.
February 26, 2021 Trial Brief (Closing Brief) filed by Plaintiff.
March 1, 2021 Stipulation and Order (Joint Stipulation to Continue Post-Trial Briefing Schedule; Proposed Order) filed by Plaintiff.
March 5, 2021 Trial Brief filed by FTB.
March 8, 2021 Minute Order (Non-Appearance Case Review Regarding Submission of Final Briefs) filed by Clerk.
March 12, 2021 Reply (Plaintiff’s Post-Trial Reply Brief) filed by Plaintiff.
March 16, 2021 Minute Order (Non-Appearance Case Review Regarding Submission of Final Briefs) filed by Clerk.
April 14, 2021 Minute Order (Ruling on Submitted Matter) filed by Clerk.
April 14, 2021 Certificate of Mailing for (Ruling on Submitted Matter of April 14, 2021) filed by Clerk.
May 5, 2021 Judgment ([Defendant’s Proposed] Judgment for Defendant) filed by FTB.
May 27, 2021 Notice of Entry of Judgment/Dismissal/Other Order filed by Clerk.
June 1, 2021 Notice of Entry of Judgement or Order filed by FTB.
Filed
September 28, 2021
Courts
San Diego County Superior Court, Case № 37-2021-00041282-CU-MC-CTL
Taxpayer’s Counsel
Gregory S. Markow
FTB’s Counsel
Hutch Meltzer
FTB’s Contact
Mary Yee
Year
2008, 2009
Amount
$1,691,785.00

Issues:

  1. Whether Plaintiffs were California residents and therefore, the proceeds from the sale of the stock were subject to California taxation.

Status:

Date Status
September 28, 2021 Complaint filed by Plaintiffs.
September 28, 2021 Civil Case Cover Sheet filed by Plaintiffs.
September 28, 2021 Original Summons filed by Plaintiffs.
September 29, 2021 Summons issued.
September 29, 2021 Civil Case Management Conference scheduled for March 4, 2022 at 9:15 a.m.
September 29, 2021 Stipulation to Alternative Dispute Resolution Process filed.
September 29, 2021 Notice of Case Assignment filed.
September 29, 2021 Notice to Litigants (Case initiation form printed).
October 4, 2021 Proof of Service of 30-Day Summons and Complaint filed by Plaintiffs.
October 18, 2021 Amended Complaint (First) filed by Plaintiffs.
October 18, 2021 Proof of Service filed by Plaintiffs.
December 7, 2021 Stipulation to Extend Time for FTB to Respond to Complaint (Proposed) Order Thereon.
February 17, 2022 Case Management Statement filed by Plaintiffs.
February 17, 2022 Proof of Service filed by Plaintiffs.
March 1, 2022 Answer of FTB's Complaint for Refund of Taxes Paid Under Protest filed by FTB.
March 4, 2022 Civil Court Trial scheduled for December2, 2022 at 8:30 a.m.
March 4, 2022 Trial Readiness Conference (Civil) scheduled for November 18, 2022 at 9:00 a.m.
March 4, 2022 Minutes finalized for Civil Case Management Conference heard March 4, 2022 at 9:15 a.m.
March 4, 2022 Notice of Hearing generated.
October 6, 2022 Ex Parte scheduled for October 12, 2022 at 8:30 a.m.
October 10, 2022 Ex Parte Application – Other and Supporting Documents to Continue Trial, filed by Plaintiffs.
October 10, 2022 Declaration of Salvatore Padula in Support of Ex Parte Application and Stipulation and Proposed Order, filed by Plaintiffs.
October 10, 2022 Proof of Service as to Ex Parte Application filed by Plaintiffs.
October 12, 2022 Civil Court Trial continued pursuant to Party's Motion to February 24, 2023 at 8:30 a.m.
October 12, 2022 Trial Readiness Conference (Civil) continued pursuant to Party's Motion to February 10, 2023 at 9:00 a.m.
October 12, 2022 Minutes finalized for Ex Parte heard October 12, 2022 at 8:30 a.m.
October 12, 2022 Notice of Rescheduled Hearing.
October 12, 2022 Order After Hearing Regarding October 12, 2022 Ex Parte filed by Plaintiffs.
October 12, 2022 Notice of Entry of Order filed by Plaintiffs.
February 3, 2023 Joint Trial Readiness Conference Report filed by Plaintiffs.
February 10, 2023 Minutes finalized for Trial Readiness Conference (Civil) heard February 10, 2023, at 9 a.m.
February 10, 2023 Advance Trial Review Order filed by Plaintiffs and FTB.
February 16, 2023 Trial Brief filed by Plaintiffs.
February 16, 2023 Proof of Service filed by Plaintiffs.
February 17, 2023 Trial Brief filed by FTB.
February 24, 2023 Civil Court Trial continued pursuant to Party's Motion to March 17, 2023 at 8:30 a.m.
February 24, 2023 Minutes finalized for Civil Court Trial heard on February 24, 2023 at 8:30 a.m.
February 24, 2023 Notice of Rescheduled Hearing generated.
March 17, 2023 Commencement of Trial Trailed to March 21, 2023 at 9:00 a.m.
March 17, 2023 Minutes finalized for Civil Court Trial heard on March 17, 2023 at 8:30 a.m.
March 21, 2023 Appointment of Official Reporter Pro Tempore (Kimberly J. Reitan) filed by The Superior Court of San Diego.
March 21, 2023 Minutes finalized for Civil Court Trial heard March 21, 2023 at 9:00 a.m.
March 21, 2023 Notice of Dismissal by Court generated
Filed
August 2, 2021
Court
Los Angeles County Superior Court, Case № 21STCV28435
Taxpayer’s Counsel
Geraldine Pavlos
FTB’s Counsel
Elizabeth Vann
FTB’s Contact
Renel Sapiandante
Year
2010
Amount
$59,121.92

Issues:

  1. Whether the taxpayer received her refund check.

Status:

Date Status
August 2, 2021 Complaint filed by Plaintiff
August 2, 2021 Summons (on Complaint) filed by Plaintiff
August 2, 2021 Civil Case Cover Sheet filed by Plaintiff
August 2, 2021 Notice of Case Assignment – Unlimited Civil Case filed by Clerk
August 3, 2021 Notice of Case Management Conference filed by Clerk
October 1, 2021 First Amended Complaint filed by Plaintiff
October 12, 2021 Proof of Personal Service filed by Plaintiff
October 29, 2021 Case Management Statement filed by Plaintiff
November 3, 2021 Proof of Service by Mail filed by FTB
November 3, 2021 Case Management Statement filed by FTB
November 5, 2021 Request for Dismissal filed by Plaintiff
Filed
08/18/22
Court
Los Angeles County Superior Court, Case № 22STLC05484
Taxpayer’s Counsel
Steven Rubin, Esq.
FTB’s Counsel
John Keith
Contact
Renel Sapiandante
Year
2009, 2010
Amount
Approximately $20,648.00

Issues:

  1. Whether defendant disregarded its audit regulations for the tax years 2009 and 2010 as required under RTC section 21021.

Status:

Date Status
August 18, 2022 Summons and Complaint issued and filed by Plaintiff.
August 18, 2022 Civil Case Cover Sheet filed by Plaintiff.
August 18, 2022 Complaint filed by Plaintiff.
August 18, 2022 Notice of Case Assignment – Limited Civil Case filed by Clerk.
August 18, 2022 Case assigned to Hon. Mark E. Windham in Department 26 – Spring Street Courthouse.
August 18, 2022 Notice of Availability of Limited Civil Jurisdiction Web Portal for Interpreter Requests filed by Clerk.
August 18, 2022 General Order Regarding Limited Jurisdiction Civil Procedure: Notice of Web Portal Availability for Interpreter Requests filed by Clerk.
August 18, 2022 Third Amended Standing Order filed by Clerk.
August 18, 2022 Non-Jury Trial Scheduled for February 15, 2024 at 8:30 a.m. in Spring Street Courthouse in Department 26.
August 18, 2022 Order to Show Cause Regarding Failure to File Proof of Service scheduled for August 21, 2025 at 8:30 a.m. in Spring Street Courthouse in Department 26.
September 8, 2022 Proof of Personal Service filed by Plaintiff, service date August 25, 2022, service cost $115.75, service cost was not waived.
November 28, 2022 Amended Complaint (1st) filed by Plaintiff.
December 15, 2022 Stipulation for 30-Day Extension of Time to Respond to Complaint and Proposed Order filed by State of California.
January 3, 2023 Minute Order (Court Order Regarding Reclassification to Unlimited Jurisdiction) filed by Clerk.
January 3, 2023 Certificate of Mailing for Court Order Regarding Reclassification to Unlimited Jurisdiction filed by Clerk.
January 6, 2023 Notice of Reclassification filed by Clerk.
January 6, 2023 Notice of Case Reassignment/Vacate Hearings filed by Clerk.
January 9, 2023 Notice of Case Management Conference filed by Clerk.
January 9, 2023 Order to Show Cause Failure to File Proof of Service filed by Clerk.
January 9, 2023 Proof of Service by Mail filed by Plaintiff.
January 17, 2023 Declaration of Demurring Party in Support of Automatic Extension filed by State of California.
February 2, 2023 Notice of Case Reassignment and Order for Plaintiff to Give Notice filed by Clerk.
February 22, 2023 Proof of Service by Mail filed by Plaintiff.
March 1, 2023 Stipulation and Order for Filing of Second Amended Complaint, Proposed Order, filed by Plaintiff.
March 6, 2023 Second Amended Complaint filed by Plaintiff.
March 29, 2023 Demurrer – With Motion to Strike (CCP 430.10) (Res ID: 9085) filed by FTB.
March 29, 2023 Memorandum of Points and Authorities filed by FTB.
March 29, 2023 Motion to Strike (not initial Pleading) filed by FTB.
March 30, 2023 Case Management Statement filed by FTB.
April 5, 2023 Case Management Statement filed by Plaintiff.
April 19, 2023 Minute Order (Case Management Conference; Order to Show Cause) filed by Clerk.
April 25, 2023 Opposition (Plaintiff's Opposition to Demurrer of Defendant FTB to Plaintiff's SAC) filed by Plaintiff.
April 25, 2023 Opposition (to Defendant FTB's Motion to Strike Portions of Plaintiff's SAC) filed by Plaintiff.
April 25, 2023 Opposition (to Demurrer of Defendant FTB to Plaintiff's SAC) filed by Plaintiff.
May 2, 2023 Case Management Statement filed by FTB.
May 3, 2023 Reply in Support of FTB's Demurrer to Plaintiff's Second Amended Complaint filed by FTB.
May 3, 2023 Request for Judicial Notice filed by FTB.
May 3, 2023 Reply in Support of FTB's Motion to Strike Portions of Plaintiff's Second Amended Complaint filed by FTB.
May 15, 2023 Minute Order (Hearing on Demurrer – with Motion to Strike) filed by Clerk.
May 23, 2023 Amended Complaint (3rd) filed by Plaintiff.
June 20, 2023 Stipulation and Order Regarding (1) Hearing Date and Briefing Schedule on Demurrer to Third Amended Complaint; and (2) Continuance of Case Management Conference filed by FTB.
June 21, 2023 Demurrer – Without Motion to Strike filed by FTB.
June 21, 2023 Memorandum of Points and Authorities filed by FTB.
July 24, 2023 Opposition to FTB's Demurrer to Plaintiff's Third Amended Complaint filed by Plaintiff.
August 28, 2023 Reply (in Support of FTB's Demurrer to Plaintiff's Third Amended Complaint) filed by FTB.
August 28, 2023 Request for Judicial Notice filed by State of California.
August 28, 2023 Updated – Reply in Support of FTB's Demurrer to Plaintiff's Third Amended Complaint: Name Extension changed from in Support of FTB's Demurrer to Plaintiff's Third Amended Compliant to in Support of FTB's Demurrer to Plaintiff's Third Amended Compliant; as to Parties.
August 28, 2023 Updated – Request for Judicial Notice: Name Extension as to Parties.
September 18, 2023 Order to Show Cause Regarding Failure to File Proof of Service scheduled for September 18, 2023 at 8:30 a.m. in Department 40 – Held – Continued.
September 18, 2023 Case Management Conference scheduled for September 18, 2023 at 8:30 a.m. in Department 40 – Held – Continued.
September 18, 2023 Hearing on Demurrer – Without Motion to Strike scheduled for September 18, 2023 at 8:30 a.m. in Department 40 – Held – Motion Granted.
September 18, 2023 Minute Order (Hearing on Demurrer – Without Motion to Strike; Case Management Conference) filed by Clerk.
September 18, 2023 Certificate of Mailing for (Hearing on Demurrer – Without Motion to Strike; Case Management Conference).
September 18, 2023 Order to Show Cause Regarding Entry of Judgment scheduled for December 18, 2023 at 8:30 a.m. in Department 40.
September 18, 2023 Updated – Demurrer – Without Motion to Strike filed by FTB and the State of California – Sustained Without Leave to Amend.
September 19, 2023 Notice of Entry of Order Sustaining Without Leave to Amend FTB's Demurrer to Plaintiff's Third Amended Complaint filed by the State of California.
October 2, 2023 Order (Proposed Judgment) filed by State of California – Granted.
October 3, 2023 Notice of Entry of Judgment/Dismissal/Other Order filed by Clerk.
October 3, 2023 Notice of Entry of Judgment filed by State of California.
Filed
05/24/21
Court
Los Angeles County Superior Court, Case № 21STCV19557
Taxpayer’s Counsel
Stephen A. Digiuseppe
FTB’s Counsel
Mary Yee
Contact
Donny Le
Year
2012-2016
Amount
$6,073.49

Issues:

  1. Whether the Plaintiff was doing business in California and subject to taxation.

Status:

Date Status
May 24, 2021 Complaint filed by Plaintiff.
May 24, 2021 Summons (on Complaint) filed by Plaintiff.
May 24, 2021 Civil Case Cover Sheet filed by Plaintiff.
May 24, 2021 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
June 14, 2021 Notice of Case Management Conference filed by Clerk. Case Management Conference is scheduled for Sepmteber 20. 2021 at 8:30 a.m.
June 28, 2021 Proof of Personal Service filed by Plaintiff.
July 19, 2021 Answer filed by FTB.
August 10, 2021 Minute Order (Court Order Re Stipulation Re Settlement, Order Approving Stipulation) filed by Clerk.
August 10, 2021 Certificate of Mailing for (Court Order Re Stipulation Re Settlement, Order Approving Stipulation) filed by Clerk.
August 10, 2021 Stipulation and Order (Re Settlement; Order Approving Stipulation) filed by Plaintiff and FTB.
September 7, 2021 Notice of Minute Order and Order Approving Stipulation and Dismissing Complaint with Prejudice filed by FTB.
Filed
07/18/16
Court
Los Angeles Superior Court, Case № BC627385
Court of Appeal Second Appellate District Court, Case № B284110
Taxpayer’s Counsel
Brian C. McManus, Latham & Watkins LLP
FTB’s Counsel
Douglas Beteta
Contact
Scott DePeel
Year
2005
Amount
$6,250.00
Penalty
$10,908,750.00

Issues:

  1. Whether FTB’s assessment of promoter penalties against Plaintiff pursuant to Rev. & Tax. Code §19177 was properly determined.
  2. Whether FTB’s assessment of promoter penalties against Plaintiff pursuant to Rev. &Tax. Code §19177 violates the Due Process and the Commerce clauses of the United States Constitution.
  3. Whether FTB’s assessment of the penalties pursuant to Rev. & Tax. Code §19177 violates the Eighth Amendment of the United States Constitution.
  4. Whether FTB’s denial of Plaintiff’s claim for refund under Rev. & Tax. Code §19180 was proper.

Status:

Date Status
July 18, 2016 The Summons and Complaint were filed.
August 16, 2016 A Stipulation was filed extending FTB’s time to respond to the complaint to September 1, 2016.
August 19, 2016 The court issued an Order scheduling the Initial Case Management Conference to occur on November 8, 2016.
August 23, 2016 Plaintiff filed Applications for Admission of Counsel Pro Hac Vice regarding Brian C. McManus, Miriam L. Fisher, and Stephen N. Shashy.
September 16, 2016 The court granted Plaintiff’s Applications for Admission Pro Hac Vice.
October 3, 2016 FTB’s Notice of Demurrer and Demurrer to the Complaint were filed and scheduled to be heard on December 7, 2016. The parties then stipulated to rescheduling the Case Management Conference, previously scheduled for November 8, 2016, to December 7, 2016.
November 22, 2016 The Plaintiff’s Request for Judicial Notice in support of Plaintiff’s Opposition to Demurrer was filed, along with pleadings in support thereof. Also on November 22, 2016, a Case Management Conference Statement was filed by Defendant. The Demurrer is scheduled to be heard on December 7, 2016.
November 30, 2016 Defendant filed a Reply to Plaintiff’s Opposition to Demurrer.
December 7, 2016 The court issued a Minute Order overruling FTB’s Demurrer and ordered the FTB to file an answer by January 21, 2017. The Minute Order also scheduled the Case Management Conference to occur on May 17, 2017, the Final Status Conference and the Mandatory Settlement Conference to occur on January 31, 2018, and the Trial to commence on February 13, 2018.
January 18, 2017 FTB filed a Notice of Motion to Strike Plaintiff’s Complaint for Refund of Tax together with pleadings in support thereof.
January 23, 2017 FTB filed its Answer to Plaintiff’s Complaint.
February 6, 2017 Plaintiff’s Ex Parte Application to Set Aside Defendant’s Motion to Strike along with documents in support thereof, was filed and heard.
February 7, 2017 The Court denied Plaintiff’s Ex Parte Application to set aside Defendant’s Motion to Strike.
March 28, 2017 A Stipulation to Continue Status Conference was filed by Defendants. The Status Conference was continued to May 25, 2017.
May 10, 2017 Plaintiff filed a Response to Defendant’s Motion to Strike along with pleadings in support thereof.
May 18, 2017 Defendant filed a Reply.
May 25, 2017 The hearing on Defendant’s Motion to Strike was held. The court took the matter under submission at the conclusion of the hearing.
June 1, 2017 The court issued an Order limiting the scope of Plaintiff’s suit for refund to the one penalty upon which Plaintiff has made payment.
July 25, 2017 Plaintiff filed a Notice of Appeal of the court’s order dated July 1, 2017.
August 3, 2017 Appellant’s Notice of Designating the Record on Appeal was filed in the Court of Appeal Second Appellate District.
November 29, 2017 A Stipulation and Order for Stay was filed by Defendant/Respondent. The case in the Los Angeles Superior court, BC627385, is stayed.
December 27, 2017 A Stipulated Order, extending the time within which Appellant’s Opening Brief is due, was filed. Appellant’s Opening Brief is now due to be filed on March 9, 2018.
March 2, 2018 Appellant requested an extension of time within which to file an appendix and an Opening Brief.
April 16, 2018 The Court issued a Notice of Default to Appellant after it failed to file an Appendix and an Opening Brief on April 4, 2018. The Court granted Appellant a fifteen day extension to file its Opening Brief.
May 1, 2018 Appellant filed its Opening Brief on Appeal.
May 15, 2018 A Stipulation was filed extending the time within which Respondent’s Opening Brief must be filed to July 30, 2018.
July 18, 2018 Respondent requested an Extension of Time within which to its Opening Brief.
July 20, 2018 The Request for Extension of Time within which to file Respondent’s Opening Brief was granted. Respondent’s Opening Brief is due to be filed by August 29, 2018.
August 29, 2018 Respondent’s Opening Brief and Request for Judicial Notice was filed.
September 5, 2018 Appellant requested an extension of time within which to file its Reply Brief. The Court granted the request and Appellant’s Reply Brief is now due to be filed on or before November 16, 2018.
September 17, 2018 Respondent’s Request for Judicial Notice of certain tax shelter related documents was granted.
November 14, 2018 Appellant’s Reply Brief was filed along with a Request for Judicial Notice of Respondent’s Brief filed in a different case. This case is now fully briefed.
November 14, 2018 Appellant’s Reply Brief was filed along with a Request for Judicial Notice of Respondent’s Brief filed in a different case. This case is now fully briefed.
December 28, 2018 The ruling on Appellant’s Request for judicial Notice was ordered deferred until consideration of the Appeal on its Merits.
June 12, 2019 The hearing on Appellant’s Request for Judicial Notice is scheduled to occur on July 17, 2019.
July 10, 2019 By virtue of the Court’s own motion, the oral argument scheduled to occur on July 17, 2019 is ordered advanced to July 16, 2019.
July 16, 2019 Oral arguments were presented and the matter was submitted for decision.
August 29, 2019 The Court of Appeal dismissed Appellant’s appeal, ruling it did not have jurisdiction to review the trial court’s interlocutory order.
October 29, 2019 Remittitur issued.
November 21, 2019 Order continuing status/trial setting conference.
January 24, 2020 FTB filed Case Management Statement.
January 28, 2020 Plaintiff filed stipulation to continue status conference and trial setting conference.
February 4, 2020 Status/trial setting conference continued to April 29, 2020.
April 14, 2020 Court continues status/trial setting conference to July 1, 2020.
June 23, 2020 Court continues Trial Setting Conference to August 31, 2020.
July 31, 2020 Notice Re: Continuance of Hearing and Order filed by Clerk.
August 27, 2020 Order (Continuing Trial Setting Conference to November 5, 2020) filed by FTB.
October 27, 2020 Stipulation – No Order (to Continue Trial Setting Conference) filed by FTB.
October 27, 2020 Order (Continuing Trial Setting Conference) filed by FTB.
November 25, 2020 Case Management Statement filed by Plaintiff.
December 3, 2020 Minute Order (Trial Setting Conference) filed by Clerk.
January 29, 2021 Notice of Case Reassignment and Order for Plaintiff to Give Notice filed by Clerk.
February 9, 2021 Proof of Service (not Summons and Complaint) filed by Plaintiff.
June 15, 2021 Notice of Change of Assigned Counsel filed by FTB.
February 10, 2022 Motion for Summary Judgment filed by Plaintiff.
February 10, 2022 Request for Judicial Notice filed by Plaintiff.
February 10, 2022 Separate Statement filed by Plaintiff.
February 28, 2022 Ex Parte Application (to Continue Trial) filed by Plaintiff.
February 28, 2022 Declaration in Support of Ex Parte Application filed by Plaintiff.
March 3, 2022. Minute Order (Hearing on Ex Parte Application by Plaintiff) filed by Clerk.
July 5, 2022 Notice (of Rescheduling of Hearing on Plaintiff's Motion for Summary Judgment or, in the Alternative) filed by Plaintiff.
July 29, 2022 Stipulation – No Order (for Dismissal) filed by Plaintiff.
August 5, 2022 Request for Dismissal filed by Plaintiff.
Filed
September 14, 2021
Court
Los Angeles County Superior Court, Case № 21STCV33975
Taxpayer’s Counsel
Eric Reising, Esq.
FTB’s Counsel
Andrea Schoor-West
FTB’s Contact
Scott DePeel
Year
2015
Amount
$153,780.00

Issues:

  1. Whether the taxpayers exhausted available administrative remedies.

Status:

Date Status
September 14, 2021 Complaint filed by Plaintiffs.
September 14, 2021 Summons (on Complaint) filed by Plaintiffs.
September 14, 2021 Civil Case Cover Sheet filed by Plaintiffs.
September 14, 2021 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
September 15, 2021 Order to Show Cause Failure to File Proof of Service filed by Clerk, hearing will be held on November 30, 2021.
September 15, 2021 Notice of Case Management Conference filed by Clerk, hearing will be held on December 22, 2021.
November 15, 2021 Request for Dismissal filed by Plaintiff.
Filed
August 31, 2021
Court
Los Angeles County Superior Court, Case № 21STCV32256
Taxpayer’s Counsel
Dale E. Motley
FTB’s Counsel
Hutch Metzler
FTB’s Contact
Ann Hodges
Year
2013, 2014, 2015, 2016
Amount
$63,802.00

Issues:

  1. Whether the taxpayer was doing business in California.

Status:

Date Status
August 31, 2021 Notice of Case Assignment – Unlimited Civil Case filed by Clerk.
August 31, 2021 Complaint filed by Plaintiff.
August 31, 2021 Civil Case Cover Sheet filed by Plaintiff.
August 31, 2021 Summons (on Complaint) filed by Plaintiff.
September 1, 2021 Civil Case Cover Sheet filed by Plaintiff.
September 17, 2021 Notice of Case Management Conference filed by Clerk. CMC hearing is scheduled for March 21, 2022 at 9:00 a.m.
October 7, 2021 Proof of Service by Substituted Service filed by Plaintiff.
November 1, 2021 Notice and Acknowledgment of Receipt filed by Plaintiff.
November 3, 2021 Notice of Change of Address or Other Contact Information filed by Plaintiff.
December 14, 2021 Answer filed by FTB.
March 3, 2022 Case Management Statement filed by Plaintiff.
March 3, 2022 Trial Brief (For Case Management Conference) filed by Plaintiff.
March 28, 2022 Case Management Statement filed by FTB.
April 11, 2022 Minute Order (Case Management Conference) filed by Clerk.
July 20, 2022 Ex Parte Application (FTB's Ex Parte Application For An Order To Continue The Trial Date Based Upon A Stipulation By The Parties Due To The Resignation of FTB's Counsel; Memorandum of Points And Authorities; Declaration of Van-Dzung Nguyen In Support) filed by FTB.
July 22, 2022 Minute Order (Hearing on Ex Parte Application for An Order to Continue) filed by Clerk.
August 4, 2022 Notice (of Ruling on Ex Parte Application for an Order to Continue the Trial Date Based Upon a Stipulation by the Parties Due to the Resignation of FTB's Counsel) filed by FTB.
February 24, 2023 Minute Order (Court Order Re: Notice of Settlement of Entire Case) filed by Clerk.
February 24, 2023 Certificate of Mailing for (Court Order Re: Notice of Settlement of Entire Case) filed by Clerk.
March 22, 2023 Notice of Order to Show Cause Regarding Dismissal filed by Plaintiff.
April 14, 2023 Response of Plaintiff to Order to Show Cause Re: Dismissal filed by Plaintiff.
April 20, 2023 Minute Order (Order to Show Cause Re: Dismissal) filed by Clerk.
May 10, 2023 Minute Order (Order to Show Cause Re: Dismissal) filed by Clerk.
May 10, 2023 Order – Dismissal filed by Clerk.
May 10, 2023 Notice of Ruling filed by Plaintiff.
Filed
03/04/20
Court
San Diego County Superior Court, Case № 37-2020-00011877-CU-MC-CTL
Court of Appeal Fourth Appellate District, Case № D078790
Taxpayer’s Counsel
Mardiros Dakessian
FTB’s Counsel
Matthew Heyn
Contact
Renel Sapiandante
Year
2014
Amount
$3,600,000.00

Issues:

  1. Whether Plaintiffs’ flow-through gain from an S corporation’s sale of goodwill should be sourced under California Code of Regulations, title 18, section 17951-4 or R&TC section 17952.
  2. If the flow-through gain is sourced under R&TC section 17952, whether the goodwill has acquired a business situs in California.
  3. Whether plaintiffs are California resident trusts.

Status:

San Diego County Superior Court

Date Status
March 4, 2020 Complaint filed.
March 16, 2020 Case Management Conference rescheduled to December 11, 2020.
March 26, 2020 Answer filed by FTB.
June 15, 2020 Summary Judgment/Summary Adjudication (Civil) scheduled for October 16, 2020.
July 27, 2020 Notice – Other (of Rescheduled Case Management Conference) filed by Plaintiffs.
July 30, 2020 Motion for Summary Judgment and/or Adjudication filed by Plaintiffs.
July 30, 2020 Statement of Undisputed Facts (Plaintiff’s Separate Statement of Undisputed Material Facts in Support of its Motion for Summary Judgment) filed by Plaintiffs.
July 30, 2020 Declaration – Other (Declaration of Michael Cramer in Support of Motion for Summary Judgment) filed by Plaintiffs.
July 30, 2020 Request for Judicial Notice (Request for Judicial Notice in Support of its Motion for Summary Judgment) filed by Plaintiffs.
July 30, 2020 POS filed by Plaintiffs.
September 16, 2020 Joint Stipulation and Proposed Protective Order filed by Plaintiffs.
October 2, 2020 Memorandum of Points and Authorities (in Opposition to Motion for Summary Judgment) filed by FTB.
October 2, 2020 Declaration – Other (of Kara Siegel in Opposition to Motion for Summary Judgment) filed by FTB.
October 2, 2020 Declaration – Other (of Natasha S. Page in Opposition to Motion for Summary Judgment) filed by FTB.
October 2, 2020 Declaration – Other (of John Terra in Opposition to Motion for Summary Judgment) filed by FTB.
October 2, 2020 Request for Judicial Notice (in Opposition to Motion for Summary Judgment) filed by FTB.
October 2, 2020 Response (to Separate Statement of Undisputed Facts in Support of Motion for Summary Judgment) filed by FTB.
October 2, 2020 Objections (to Evidence in Support of Motion for Summary Judgment) filed by FTB.
October 2, 2020 Proposed Order (Granting Order on Objections to Evidence in Support of Motion for Summary Judgment) filed by FTB.
October 2, 2020 Proof of Service (Response, Objections, Declarations, Request, Memorandum, Proposed Order) filed by FTB.
October 5, 2020 Stipulation – Other – Fee Due (Stipulation and Order Re Motion for Summary Judgment) filed by The 2009 Metropoulos Family Trust and its Successors.
October 6, 2020 Proof of Service (Served Stipulation and Proposed Order) filed by The 2009 Metropoulos Family Trust and its Successors.
October 8, 2020 Summary Judgment/Summary Adjudication scheduled for October 16, 2020.
October 8, 2020 Notice – Other (Of Withdrawal of Motion for Summary Judgment) filed by Plaintiffs.
October 9, 2020 Summary Judgment/Summary Adjudication scheduled for February 19, 2021.
October 19, 2020 Summary Judgment/Summary Adjudication scheduled for February 11, 2021.
November 23, 2020 Plaintiffs’ Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support Thereof filed.
November 23, 2020 Declaration of Michael J. Cramer in Support of Plaintiffs’ Motion for Summary Judgment filed.
November 23, 2020 Declaration of Donna L. Coyne in Support of Plaintiffs’ Motion for Summary Judgment filed.
November 23, 2020 November 23, 2020 Plaintiffs’ Request for Judicial Notice in Support of Their Motion for Summary Judgment filed.
November 23, 2020 Proof of Service filed by Plaintiffs.
November 23, 2020 Plaintiffs’ Separate Statement of Undisputed Material Facts in Support of Their Motion for Summary Judgment filed.
November 24, 2020 November 24, 2020 Case Management Statement filed by FTB.
November 24, 2020 Case Management Statement filed by Plaintiffs.
December 2, 2020 Motion for Summary Judgment and/or Adjudication filed by FTB.
December 2, 2020 Declaration of Kara Siegel in Support of Motion for Summary Judgment filed by FTB.
December 2, 2020 Request for Judicial Notice (in Support of Motion for Summary Judgment) filed by FTB.
December 2, 2020 Statement of Undisputed Facts (in Support of Motion for Summary Judgment) filed by FTB.
December 2, 2020 Memorandum of Points and Authorities (in Support of Motion for Summary Judgment) filed by FTB.
December 2, 2020 Proof of Service (Motion, Memorandum, Request, Statement) filed by FTB.
December 3, 2020 Notice of Errata filed by FTB.
December 3, 2020 Proof of Service of Declaration filed by FTB.
December 11, 2020 Civil Case Management Conference continued pursuant to party’s motion to February 11, 2021 at 9:30 a.m.
December 11, 2020 Summary Judgment/Summary Adjudication (Civil) continued to February 11, 2021 at 9:30 a.m.
December 11, 2020 Minutes finalized for Civil Case Management Conference heard December 11, 2020 at 1:30 p.m.
January 27, 2021 Notice of Rescheduled Hearing generated.
January 28, 2021 Case Management Statement filed by Plaintiffs.
January 28, 2021 Plaintiffs’ Opposition to Defendant FTB’s Motion for Summary Judgment.
January 28, 2021 Declaration of Donald E. Chomiak in Support of Plaintiffs’ Opposition to Defendant’s Motion for Summary Judgment.
January 28, 2021 Plaintiffs’ Request for Judicial Notice in Support of Their Opposition to Defendant’s Motion for Summary Judgment.
January 28, 2021 Plaintiffs’ Response to Defendant’s Separate Statement of Undisputed Facts.
January 28, 2021 Proof of Service filed by Plaintiffs.
January 28, 2021 FTB’s Opposition to Motion for Summary Judgment filed.
January 28, 2021 Response to Separate Statement of Undisputed Facts filed by FTB.
January 28, 2021 Request for Judicial Notice filed by FTB.
January 28, 2021 Declaration of Kara Siegel filed by FTB.
February 5, 2021 Reply in Further Support of Motion for Summary Judgment filed by FTB.
February 5, 2021 Plaintiffs’ Reply in Support of Their Pending Motion for Summary Judgment filed.
February 5, 2021 Plaintiffs’ Reply Request for Judicial Notice in Support of Their Motion for Summary Judgment filed.
February 5, 2021 Proposed Order Granting Plaintiffs’ Motion for Summary Judgment.
February 5, 2021 Proof of Service (Reply, Proposed Order) filed by Plaintiffs.
February 8, 2021 Notice of Errata filed by Plaintiffs.
February 10, 2021 Tentative Ruling for Summary Judgment/Summary Adjudication (Civil) published.
February 11, 2021 Appointment of Official Reporter Pro Tempore filed by Court.
February 11, 2021 Minute Order finalized for Multiple Events heard on February 11, 2021.
February 25, 2021 Notice of Entry of Order filed by FTB.
March 1, 2021 Judgment was entered as follows: Judgment entered for FTB; FTB and against JP Morgan Trust Company of Delaware as Trustee of The Evan D Metropoulos 2009 Trust and Its Successors; JP Morgan Trust Company of Delaware as Trustee of the 2009 Metropoulos Family Trust and Its Successors; The 2009 Metropoulos Family Trust and Its Successors; The Evan D Metropoulos 2009 Trust and Its Successors for $ 0.00, punitive damages: $ 0.00, attorney fees: $ 0.00, interest: $ 0.00, prejudgment costs: $ 0.00, other costs: $ 0.00, amount payable to court: $ 0.00, for a grand total of $ 0.00.
March 1, 2021 Proposed Judgment filed by FTB.
March 5, 2021 Notice of Entry of Judgment filed by FTB.
April 2, 2021 Notice of Filing.
April 2, 2021 Notice of Appeal filed by Appellants.
April 2, 2021 Notice of Designating Record on Appeal filed by Appellants.
May 5, 2021 Receipt of Reporter’s Transcript (Joanne Salaz) filed by The Superior Court of San Diego.
May 21, 2021 Notice of Completion of the Record on Appeal generated.
May 21, 2021 Receipt for Record on Appeal filed by The Superior Court of San Diego.
May 21, 2021 Disbursement of Clerk’s Trust Fund filed by The Superior Court of San Diego.
May 25, 2021 Receipt for Record on Appeal (From DCA) filed by The Superior Court of San Diego.
August 26, 2022 Notice of Appeal dismissed without prejudice as to FTB.
August 26, 2022 Notice of Appeal dismissed without prejudice as to The 2009 Metropoulos Family Trust and Its Successors.
August 26, 2022 Notice of Appeal dismissed without prejudice as to The Evan D Metropoulos 2009 Trust and Its Successors.
August 26, 2022 Notice of Appeal dismissed without prejudice as to JP Morgan Trust Company of Delaware as Trustee of The Evan D Metropoulos 2009 Trust and Its Successors.
August 26, 2022 Judgment was entered as follows: Judgment entered for FTB and against JP Morgan Trust Company of Delaware as Trustee of The Evan D Metropoulos 2009 Trust and Its Successors; The 2009 Metropoulos Family Trust and Its Successors; The Evan D Metropoulos 2009 Trust and Its Successors for $ 0.00, punitive damages: $ 0.00, attorney fees: $ 0.00, interest: $ 0.00, prejudgment costs: $ 0.00, other costs: $ 0.00, amount payable to court: $ .00, for a grand total of $ 0.00.
August 30, 2022 Memorandum of Costs on Appeal filed by FTB.
August 30, 2022 Miscellaneous Minute Order Finalized.

Court of Appeal Fourth Appellate District

Date Status
April 14, 2021 Notice of Appeal lodged/received.
April 14, 2021 Appellate package sent.
April 14, 2021 Default Notice sent – Appellant notified per Rule 8.100(C).
April 14, 2021 Appellant’s Notice Designating Record on Appeal filed in Trial Court on April 2, 2021.
April 19, 2021 Civil Case Information Statement filed.
April 20, 2021 Transcript fees paid.
April 20, 2021 Notice to Reporter to prepare transcript.
April 23, 2021 Filing Fee.
May 25, 2021 Reporter’s transcript filed.
June 11, 2021 Stipulation of Extension of Time filed.
September 7, 2021 Appellant’s Appendix and Opening Brief filed.
September 9, 2021 Stipulation of Extension of Time filed.
November 30, 2021 Extension of Time granted, no further Extensions are contemplated.
January 7, 2022 Respondent’s Brief filed.
January 10, 2022 Oral Argument Waiver Notice sent.
January 11, 2022 Stipulation of Extension of time filed.
January 12, 2022 Request for Oral Argument filed.
February 7, 2022 Appellant’s Reply Brief filed.
February 7, 2022 Case fully briefed.
February 22, 2022 Application to File Amicus Curiae Brief filed by California Taxpayers Association.
March 15, 2022 Order Granting Motion to File Amicus Curiae Brief on behalf of Appellants is granted. The Amicus Curiae is deemed filed as of the date of this Order. Any Party to this appeal shall have 14 calendar days to file an answer to the Amicus Curiae Brief.
March 23, 2022 Response to Amicus Curiae brief due on April 19, 2022. No further extensions are contemplated.
March 30, 2022 Calendar Notice sent – May 12, 2022 at 9:00 a.m.
April 19, 2022 Response to Amicus Curiae Brief filed by FTB.
April 19, 2022 Response to Amicus Curiae Brief filed by Appellants.
April 19, 2022 Amicus Curiae's request to present was filed.
April 20, 2022 Amicus Curiae California Taxpayers Association's request to present oral argument is denied.
May 12, 2022 Case argued and submitted.
May 27, 2022 Opinion filed, the Judgment is affirmed.
July 7, 2022 Service Copy of Petition for Review Received.
July 26, 2022 Received Copy of Supreme Court filing.
August 24, 2022 Petition for Review is denied in Supreme Court.
August 26, 2022 Remittitur issued.
August 26, 2022 Case complete.