Dickson

I concur in the judgment and opinion dismissing the appeal. I add these remarks because the governing statute, Corporations Code section 17351 (section 17351), does not precisely fit the facts of this case.*

The relevant facts are these: the plaintiff, Richard Dickson, filed an action to dissolve a limited liability company. The defendant, Roger Rehmke, to avoid dissolution of the company, invoked the provisions of section 17351, to establish and buy out plaintiff’s membership interest. Three appraisers were *479 appointed, who could not agree on the value of Dickson’s interest. 2 The trial court then determined the value and entered it in an “Order after Hearing on Valuation,” dated May 9, 2006. Defendant tendered the amount specified in the order and a “judgment” was entered, incorporating the findings of fact of the order and directing the transfer of Dickson’s membership interests to Rehmke. A notice of entry of judgment was served on Dickson on June 27, 2006. The notice of appeal “from the judgment” was filed on August 24, 2006.

The timeliness of the appeal turns on whether service of the judgment or the decree commences the 60-day period of the statute of limitations.…

Plaintiff Richard Dickson filed this action in February 2005 to dissolve the Lodi Beer Company, LLC (the company), of which he and defendant Roger Rehmke were the sole members, contending in essence that defendant had ousted him from the management and operation of the enterprise. (Corp. Code, §§ 17350, subd. (c), 17351, subd. (a)(4).) [1] In February 2006, defendant Rehmke moved to avoid the dissolution through the purchase of plaintiff's interest at fair market value. (§ 17351, subd. (b)(1).) The trial court appointed three appraisers to determine the value of the membership interests of the parties. ( Id., subd. (b)(3).) On May 9, 2006, the court issued its alternative decree, which determined the value of plaintiff's membership interest and gave defendant 90 days to either buy plaintiff's share or allow the process of winding up and dissolution to begin ( ibid. ); if defendant elected to buy plaintiff's share, the court would enter judgment for defendant in the underlying matter assigning plaintiff's interests in the business to defendant. The clerk served the alternative decree on the same day. The court's decree (actually designated an "Order after Hearing on…

Plaintiff Richard Dickson filed this action in February 2005 to dissolve the Lodi Beer Company, LLC (the company), of which he and defendant Roger Rehmke were the sole members, contending in essence that defendant had ousted him from the management and operation of the *473 enterprise. (Corp. Code, §§ 17350, subd. (c), 17351, subd. (a)(4).) 1 In February 2006, defendant Rehmke moved to avoid the dissolution through the purchase of plaintiff’s interest at fair market value. (§ 17351, subd. (b)(1).) The trial court appointed three appraisers to determine the value of the membership interests of the parties. (Id.., subd. (b)(3).) On May 9, 2006, the court issued its alternative decree, which determined the value of plaintiff’s membership interest and gave defendant 90 days to either buy plaintiff’s share or allow the process of winding up and dissolution to begin (ibid.); if defendant elected to buy plaintiff’s share, the court would enter judgment for defendant in the underlying matter assigning plaintiff’s interests in the business to defendant. The clerk served the alternative decree on the same day. The court’s decree (actually designated an “Order after Hearing on…