Crane
Crane v. Dolihite CA5
Opinion
Opinion
Santos, J.
INTRODUCTION
Plaintiff and appellant Richard J. Crane appeals from an order issued on July 15, 2024, captioned “ORDER RE: DOCUMENTS SUBMITTED BY PLAINTIFF” (boldface omitted), which was an order to the clerk of the trial court advising further documents submitted by appellant in that matter should not be filed, because the trial court lacked jurisdiction, and should instead be returned to appellant. It also explained, for appellant’s benefit, the reason the court lacked jurisdiction over the matter. As respondent Lopez correctly argues, this is a nonappealable order, and this court lacks jurisdiction to hear any appeal from it. Accordingly, this appeal must be dismissed for lack of jurisdiction.
FACTUAL AND PROCEDURAL BACKGROUND
We previously heard an appeal in this case in Crane v. Dolihite (2021) 70 Cal.App.5th 772 (Crane I). A more complete factual background of the underlying allegations in this case is set out in Crane I. Briefly, appellant was assaulted by a fellow inmate—respondent and defendant Joseph Clay Dolihite—who punched him and stabbed him in the neck with a pencil. (Id. at p. 777.) Appellant thereafter sued Dolihite in a personal injury complaint, which was…