Ameri

Howard Gitlen & Associates, Inc. v. Ameri

Good Law
1989 Cal. App. LEXIS 149·208 Cal. App. 3d 90·256 Cal. Rptr. 36
Court of Appeal of CaliforniaFebruary 28, 1989B034291California1,925 words

Opinion

Opinion

Hanson, J.

Introduction

Plaintiff Howard Gitlen & Associates, Inc., appeals the trial court’s judgment in favor of defendants Par viz Ameri and Wendy Ameri on a com plaint filed January 28, 1985, for breach of contract, account stated, common counts for money due and owing and for money due for services, and for fraud.

The record on appeal includes neither a trial transcript nor a statement of decision. After a nonjury trial, Judge Laurence J. Rittenband found in favor of the defendants, and stated that plaintiff was not entitled to any damages, nominal or otherwise. The judgment after trial was filed on January 29, 1988. In an order filed on March 14, 1988, the trial court granted attorney’s fees in the amount of $5,000 to defendants’ attorney. The notice of appeal was filed on April 25, 1988.

Appealability of Order

California Rules of Court, rule 2(a) requires that a notice of appeal shall be filed within 60 days after mailing of the notice of entry of judgment by the court clerk, or within 60 days after service of written notice of entry of judgment by any party upon the party filing the notice of appeal, or within 180 days after the date of entry of the judgment, whichever…

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