Casado

Casado v. Sedgwick, Detert, Moran & Arnold

Good Law
1994 Cal. App. LEXIS 152·22 Cal. App. 4th 1284·27 Cal. Rptr. 2d 719·93 Daily Journal DAR 2363·94 Cal. Daily Op. Serv. 1345
Court of Appeal of CaliforniaFebruary 15, 1994B081073California573 words

Opinion

Opinion

ment in favor of defendants, Sedgwick, Detert, Moran & Arnold and Lenore Duncan. We determined that the notice of appeal was not timely filed. Accordingly, the appeal is dismissed.

On October 28, 1993, defendants served a notice of entry of judgment. Additionally, defendants likewise served a notice of ruling concerning the denial of plaintiff’s various posttrial motions. Both notices were served on October 28 but not filed until October 29, 1993. On December 28, 1993, plaintiff filed her notice of appeal. The notice of appeal was filed 61 days after the service of the notices of entry of judgment and ruling on the posttrial motions. However, the notice of appeal was filed only 60 days after the filing date of the notices of entry of judgment and ruling on the posttrial motions.

The notice of appeal was untimely because it was filed 61 days after the service of the notices of entry of judgment and ruling on the posttrial motions. Rule 2(a) of the California Rules of Court states in pertinent part: “Except as otherwise provided by Code of Civil Procedure section 870 or other statute or rule 3, a notice of appeal from a judgment shall be filed on or before the earliest of…

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