Kasper

Kasper v. Cedars-Sinai Medical Center

Good Law
1998 Cal. App. LEXIS 251·62 Cal. App. 4th 780·72 Cal. Rptr. 2d 835·98 Daily Journal DAR 3066·98 Cal. Daily Op. Serv. 2253
Court of Appeal of CaliforniaMarch 26, 1998B094459California744 words

Opinion

Opinion

Vogel, J.

Bruce Kasper and Nicole Pascale sued Cedars-Sinai Medical Center and Dennis Goldfinger, M.D., for damages. Defendants answered, then moved for summary judgment. On February 23, 1995, Defendants’ motion was granted and a minute order to that effect was entered. On March 6, Plaintiffs filed a motion for reconsideration. On March 24 (before the reconsideration motion was heard), the trial court signed and entered a judgment in favor of Defendants. On March 28, Defendants served notice of entry of the judgment. On May 30, the trial court heard and denied Plaintiffs’ motion for reconsideration. On June 23 and June 26 (87 days and 90 days after the March 28 notice of entry of judgment), Plaintiffs separately filed notices of appeal. We have no jurisdiction to consider these untimely appeals.

Discussion

As relevant, rule 2(a), California Rules of Court, provides that “a notice of appeal from a judgment shall be filed on or before ... 60 days after the date of service of a document entitled ‘notice of entry’ of judgment by any party upon the party filing the notice of appeal . . . .” Plaintiffs’ notices of appeal were filed 87 and 90 days after notice of entry of judgment, 27…

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