Notice Of Settlement Of Appeal As Whole Or As To Any Party (Division Three-Santa Ana)

TO BE FILED IN THE COURT OF APPEAL Court of Appeal Fourth Appellate District, Division Three ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number, Address) COURT OF APPEAL CASE NUMBER SUPERIOR COURT CASE NUMBER __ ________________________________ For Court Use Only TELEPHONE NO: E-MAIL ADDRESS (Optional): ATTORNEY FOR: (Name) CASE NAME: FAX NO: (Optional) NOTICE OF SETTLEMENT OF APPEAL AS A WHOLE OR AS TO ANY PARTY (Cal. Rules of Court, rule 8.244(a)) NOTICE TO APPELLANT OR PARTY SEEKING RELIEF You must immediately serve and file this notice if you are the settling appellant in a civil appeal. You must file a request to dismiss (or abandon) the appeal within 45 days after the filing date of this notice. Your failure to do so may result in dismissal of the appeal, unless you have filed a letter showing good cause why the appeal should not be dismissed. (Cal. Rules of Court, rule 8.244(a)) Extension / Stay Requests. The court may order a longer time period than 45 days upon a showing of good cause. (Cal. Rules of Court, rule 8.244(a)(3).) The court also will consider a joint request to stay a scheduled action because of settlement. You must attach a proof of service showing service on the other parties to the appeal. To the court and all parties: 1. a. b. The appeal as a whole has been settled. The appeal has been settled as to the following parties: (List parties as to whom the appeal has been settled) ___________________________________________________________________________________________ 2. a. Under 45 Days. A request for dismissal or abandonment of appeal (if the record has not yet been filed) will be filed within 45 days after the filing date of this notice of settlement. Beyond 45 Days. (COURT APPROVAL REQUIRED). The above appeal has been settled. However, the settlement agreement conditions dismissal of the appeal on the satisfactory completion of specified terms that are not to be performed within 45 days of the date of the settlement. A request for dismissal or abandonment (if the record has not yet been filed) will be filed no later than (date) 2. b. ___________________________________________________________________________________________ (Indicate date certain on which request for dismissal will be filed; or other good cause for an extension) Approved for OPTIONAL Use Within the Fourth Appellate District, Division Three 02/08/2007 American LegalNet, Inc. www.FormsWorkflow.com TO BE FILED IN THE COURT OF APPEAL CASE NAME COURT OF APPEAL CASE NUMBER NOTICE OF SETTLEMENT OF APPEAL AS A WHOLE OR AS TO ANY PARTY 3. Stay Requests. Do you request a stay of any pending court action (e.g., brief filing deadline, oral argument calendar, submission date) because of settlement? a. b. No. No stay is requested. Yes. (COURT APPROVAL REQUIRED). Specify the scheduled action and date. You also must immediately telephone the clerk's office if oral argument has been calendared, or if the appeal has been submitted. (Indicate the nature and date of the scheduled action for which you request a stay)) ___________________________________________________________________________________________ This notice of settlement was prepared and submitted by: Date: _________________________________ (Type or Print Name) _____________________________________________ (Signature of Attorney or Unrepresented Party) FOR EXTENSION AND STAY REQUESTS Include Signatures of Attorneys (or Unrepresented Parties) for Other Settling Parties (use additional pages, if necessary) Date: _________________________________ (Type or Print Name) _____________________________________________ (Signature of Attorney or Unrepresented Party) Date: _________________________________ (Type or Print Name) _____________________________________________ (Signature of Attorney or Unrepresented Party) ORDER (Required for dismissal or abandonment beyond 45 days, or for any stay requests) EXTENSION OF TIME TO FILE DISMISSAL OR ABANDONMENT IS: Granted to _____________________________ Denied STAY REQUEST IS: Granted as to ______________________________________________________ Denied ________________________________________ (Signature of Presiding Justice) Approved for OPTIONAL Use Within the Fourth Appellate District, Division Three 02/08/2007 American LegalNet, Inc. www.FormsWorkflow.com Date: __________________________________________