Santa Venetia Center for the Arts and Humanities v. San Rafael Unified School Dist.
Filed 8/14/06 Santa Venetia Center for the Arts and Humanities v. San Rafael Unified School Dist. CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
| SANTA VENETIA CENTER FOR THE ARTS AND HUMANITIES, Plaintiff and Appellant, v. SAN RAFAEL UNIFIED SCHOOL DISTRICT, Defendant and Respondent. | A108849 (Marin County Super. Ct. No. 824887) |
This is an appeal prosecuted by various persons (the Artists), taken after an August 25, 2004 order denying various claims, but appears to be an attempt to avoid the effects of a February 17, 2004 judgment that the Santa Venetia Center for the Arts and Humanities, Inc. (Art Center) take nothing by its complaint against the San Rafael Unified School District (School District), and that the School District be awarded fee simple, quiet title to the real property located at 1565 Vendola Drive, San Rafael, California. We have found nothing of merit in the appeal. Even more, we have concluded that the appeal is untimely as to most of the matters designated in the notice of appeal, that the Artists lack standing to prosecute an appeal from most of those matters and that the appeal is so procedurally defective as to suggest contempt for the judicial process. The School District has filed a responsive brief pointing out that the Artists' opening brief raises no issues relating to the August 25, 2004 order and fails to cite any authority to support the arguments it does make. The School District also points out that the appellate record, designated by the Artists, does not include material supporting many of the Artists' factual assertions. It contends that the appeal is frivolous, and asks that sanctions be imposed on the Artists and their attorney. We notified the parties that we were considering imposing sanctions, inviting them to submit additional briefing on the question of whether sanctions should be imposed, and directing them to address that question at oral argument before this court.
Background
From what we are able to glean from the appellate record,[1] the Art Center contracted to purchase 4.74 acres of real property from the School District, for $900,000 plus certain services. The Art Center made a down payment of $90,000, and executed a promissory note obligating it to pay the balance of the purchase price, plus interest, over a 20-year period, at which point all the principal and all the unpaid interest would become due. The promissory note provides, further, that any default by the Art Center that remained uncured for 10 days allowed the School District to declare the entire unpaid principal and accrued but unpaid interest to be immediately due and payable.
The School District apparently initiated foreclosure proceedings in 2002. On September 24, 2002, the day before the scheduled foreclosure sale, the Art Center filed a complaint for quiet title and specific performance against defendants. The Art Center declared bankruptcy on that same date. The School District filed a cross-complaint to quiet title to the property in its name. The Art Center removed the matter to the United States Bankruptcy Court. On October 27, 2003, the bankruptcy court authorized a settlement agreement between the Art Center and the bankruptcy trustee, Charles E. Sims, under which the School District paid the Art Center $40,000 in exchange for a quitclaim deed and a stipulated judgment in the state court action rescinding the purchase agreement. In the meantime, on October 16, 2003, the superior court granted Mr. Sims's motion to substitute in as party plaintiff and cross-defendant in the superior court proceedings. On February 17, 2004, consistent with the settlement authorized by the bankruptcy court, and on the stipulation of the bankruptcy trustee and the School District, the superior court entered judgment quieting title to the property in the School District, rescinding the purchase agreement, and ordering that the Art Center take nothing by its complaint of September 24, 2002. On March 5, 2004, the court issued a postjudgment writ of execution directing the sheriff to remove any occupants and any personal property from the premises.
The Artists then apparently filed â€
