Rios

Rios v. Torvald Klaveness

Good Law
1969 Cal. App. LEXIS 1491·2 Cal. App. 3d 1077·83 Cal. Rptr. 150
Court of Appeal of CaliforniaDecember 23, 1969Civ. 33765California1,724 words

Opinion

Opinion

Aiso, J.

Plaintiff (appellant) commenced an action on March 9, 1964, seeking damages for personal injuries allegedly sustained on or about March 12, 1963, as the result of the negligence of defendant (respondent) Torvald Klaveness, a Norwegian corporation, and the unseaworthiness of its mer chant vessel, S. S. Baleares, on which plaintiff was working as a longshoreman while the vessel was docked at Los Angeles Harbor. Service of the summons and complaint upon Klaveness named as a Doe defendant in the complaint was effected on March 7, 1968, by service upon the master of the M. S. Sira, another Klaveness-owned ship. The trial court granted Klaveness’ motion to dismiss the action for failure to serve summons upon it within three years following commencement of the action (Code Civ. Proc., § 581a).

Plaintiff seeks a review of the trial court’s action by appealing from an unsigned minute order, dated April 12, 1968, which is not an appealable order and which consequently renders the attempted appeal subject to dismissal. (Graski v. Clothier (1969) 273 Cal.App.2d 605 [ 78 Cal.Rptr. 447 ]; Adohr Milk Farms, Inc. v. Love (1967) 255 Cal.App.2d 366, 369 [ 63 Cal.Rptr. 123 ]; Palazzi v.…

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