Notice of Appeal: Robert Elliott vs. Mechanics Bank, a California corporation, as the Successor-in-Interest to Rabobank, N.A., a California corporation, et al.

• 
• 
• 
• 

						
                                
Preview
                                APP-002
|ATTORNEY OR PARTY WITHOUT ATTORNEY:                              STATE BAR NO.                                                  FOR COURT USE ONLY
name: Andrea C. Avila (SBN 193982)
FIRM NAME: Patane Gumberg Avila, LLP
STREET ADDRESS: 4 Rossi Circle, Suite 231
crry: Salinas                                                       STATE:    CA    ZIP CODE:   93907
[TELEPHONE NO.: (831) 755-1461                                     FAXNO. (831) 755-1477
    EMAIL ADDRESS:       aavila@pglawfirm.com
ATTORNEY FOR (name):   Plaintiff
    SUPERIOR COURT OF CALIFORNIA, COUNTY OF                      Monterey
     STREET ADDRESS: 1200 Aguajito Road
     MAILING ADDRESS:
    CITY AND ZIP CODE:     Monterey, 93940
         BRANCH NAME:      Plaintiff

             PLAINTIFF/PETITIONER:         Robert T. Elliott
    DEFENDANT/RESPONDENT:                  Mechanics Bank, a California corporation, as the Successor-
                                           In-Interest to Rabobank,    N.A.
                   (47) NOTICE OF APPEAL       [_] CROSS-APPEAL                                                   CASE NUMBER:
                                 (UNLIMITED CIVIL CASE)                                                             21CV003944




     Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (Judi: jal Council form
     APP-001) before completing this form. This form must be filed in the superior court, not in the Court of Appeal.
     A copy of this form must also be served on the other party or parties to this appeal. You may use an
     applicable Judicial Council form (such as APP-009 or APP-009E) for the proof of service. When this document
     has been completed and a copy served, the original may then be filed with the court with proof of service.


1       NOTICE       IS HEREBY         GIVEN that (name):      Plaintiff Robert T. Elliott
        appeals from the following judgment or order in this case, which was entered on (date): October 24, 2023
        [J Judgment after jury trial
        [J Judgment after court trial
        [_] Default judgment
        [4 ] Judgment after an order granting a summary judgment motion
        [J Judgment of dismissal under Code of Civil Procedure, §§ 581d, 583.250, 583.360, or 583.430
        [__] Judgment of dismissal after an order sustaining a demurrer
        [_) An order after judgment under Code of Civil Procedure, § 904.1(a)(2)
        [1] An order or judgment under Code of Civil Procedure, § 904.1(a)(3)-(13)
        [J       Other (describe and specify code section that authorizes this appeal):



2.      For cross-appeals only:
        a      Date notice of appeal was filed in original appeal:
        b.     Date superior court clerk mailed notice of original appeal:
        ©.     Court of Appeal case number (if known):


Date: November 2, 2023

                                                                                                4       Vf lle
      Andrea C. Avila
                                 (TYPE OR PRINT NAME)                                                            (SIGNATURE OF PARTY OR ATTORNEY)


                                                                                                                                                              Page 1of1
Form Approved for Optional Use             NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE)                                              Cal. Rules
                                                                                                                                                     of Court, rule 8.100
Judicial Council
              of California                                                                                                                           www. courts.ca. gov
‘APP-002 [Rev. January 1,2017]                                  (Appellate)
PROOF OF SERVICE

                            STATE OF CALIFORNIA, COUNTY OF MONTEREY

              I declare that I am employed in the County of Monterey, State of California, am over the age

     of eighteen years and not a party to the within cause, and my business address is PATANE *

     GUMBERG        * AVILA, LLP, 4 Rossi Circle, Suite 231, Salinas, California 93907.

              On November 2, 2023, I served the foregoing document(s) described as:


                                             NOTICE OF APPEAL



10   (X)      BY ELECTRONIC SERVICE -— Based on a court order or an agreement of the parties to
              accept service by electronic transmission, I caused the documents to be sent to the persons
11            at the electronic notification addresses listed below.

12    Matthew S. Kennedy, Esq.
      Matthew S. Kennedy, A PLC
13
      P.O. Box 1031
14    San Luis Obispo, CA 93406-1031
      Email: msk@kennedylawrealty.com
15
              I declare under penalty of perjury under the laws of the State of California that the foregoing
16
     is true and correct. Executed on November 2, 2023, at Salinas, California
17

18                                                                K

19                                        Uctine        Vuccel.
                                             CHRISTINA MICCOLI
20

21

22

23

24

25

26

27

28


                                                        -l-

     Proof of Service                                                                 Case No. 21CV003944