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  • IN RE: MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST SUBSTITUTED JUDGMENT/ SPECIAL NEEDS TRUST PETITION document preview
  • IN RE: MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST SUBSTITUTED JUDGMENT/ SPECIAL NEEDS TRUST PETITION document preview
  • IN RE: MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST SUBSTITUTED JUDGMENT/ SPECIAL NEEDS TRUST PETITION document preview
  • IN RE: MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST SUBSTITUTED JUDGMENT/ SPECIAL NEEDS TRUST PETITION document preview
						
                                

Preview

COURT OF APPEAL, FIRST APPELLATE DISTRICT 350 MCALLISTER STREET SAN FRANCISCO, CA 94102 DIVISION 2 Office of the County Clerk San Francisco County Superior Court - Main Attention: Civil Appeals 400 McAllister Street, 1st Floor K I q K D San Francisco, CA 94102 San Francisco County Superior Court APR THOMAS A. LUCAS, 29 2021 Petitioner and Respondent, COURT v. bY. SELENE BALLONOFF, , Deputy Clerk Objector and Appellant. A161665 San Francisco County Super. Ct. No. PTR17301171 ~* * REMITTITUR * * I, Charles D. Johnson, Clerk of the Court of Appeal of the State of California, for the First Appellate District, do hereby certify that the attached is a true and correct copy of the original opinion or decision entered in the above-entitled cause on February 26, 2021 and that this opinion has now become final. ___ Appellant _V Respondent to recover costs ___Each party to bear own costs ___Costs are not awarded in this proceeding ____See decision for costs determination Witness my hand and the Seal of the Court affixed at my office this APR 28 2021 Very truly yours, Charles D. Johnson Clerk of the Court bbe) ills I. Santos Deputy Clerk P.O. Report: Marsden Transcript: Boxed Transcripts: Exhibits: None of the above: rem1Court of Appeal, First Appellate District ‘Charles D. Johnson, Clerk/Executive Officer Electronically FILED on 2/26/2021 by 8. Wheeler, Deputy Clerk IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO THOMAS A. LUCAS, Petitioner and Respondent, A161665 Vv. SELENE BALLONOFF, (San Francisco County : Objector and Appellant, Super. Ct. No. PTR17301171) Appellant Selene Ballonoff purports to appeal from a February 21, 2020, order that was filed in a probate action. The Civil Case Information Statement appellant has filed states notice of entry of the February 21, 2020, order was served on February 27, 2020. Under California Rules of Court, rule 8.104, subdivision (a)(1)(A) and (a)(1)(B), that would ordinarily mean appellant’s notice of appeal was due 60 days from that date. However, certain post-ruling motions can extend the time for filing a notice of appeal and one of them potentially is applicable here. Appellant filed a motion for reconsideration on March 9, 2020, and California Rules of Court, rule 8.108(e) states a timely filed motion to reconsider can extend the time to file a notice of appeal to the earliest of three dates. The date that is applicable here is “90 days after the first motion to reconsider is filed. . . .” (Cal. Rules of Court, rule 8.108(e)(2).) 90 days from March 9, 2020, is June 8, 2020. Appellant’s notice of appeal, filed on July 13, 2020, was too late. Dismissal is mandatory. (Cal. Rules of Court, rule 8.104(b).) The appeal is dismissed. Dated; 02/26/2021 Stewart, J. Acting P.J. ‘ j