Hughes

Hughes v. City of Pomona

Good Law
1998 Cal. App. LEXIS 389·63 Cal. App. 2d 772·63 Cal. App. 4th 772·74 Cal. Rptr. 2d 344·98 Daily Journal DAR 4483
Court of Appeal of CaliforniaApril 30, 1998B112912California1,739 words

Opinion

Opinion

Vogel, J.

Introduction

Plaintiff and appellant David E. Hughes filed a notice of appeal from a judgment entered against him in favor of respondents the City of Pomona, the Pomona Police Department, and Richard Shaurette, the chief of police (referred to hereafter collectively as the City). This court directed the parties to file supplemental briefs to address the issue of whether the notice of appeal was untimely.

The issue presented is whether, when a clerk of the court mails a file-stamped copy of a judgment rendered after the court has taken the matter under submission, the deadline for filing a notice of appeal pursuant to California Rules of Court, rule 2(a), is affected by the provisions of rule 309, regarding notice of determination of submitted matters. We hold that it is not. Therefore, the notice of appeal in this case was untimely. The appeal is dismissed due to a lack of jurisdiction to consider it.

Procedural Background

On December 2, 1996, appellant filed a petition for writ of mandate contesting the procedures used by the City in terminating his probationary employment. Hearing on the matter was held on January 29, 1997.

By minute order dated January 31, 1997,…

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