Sunset Millennium Associates, LLC v. Le Songe, LLC

Defendant, LHO Grafton Hotel, L.P., has moved to dismiss the appeal of plaintiff, Sunset Millennium Associates, LLC. On November 1, 2005, in a 14-page minute order, the trial court granted defendant’s Code of Civil Procedure section 425.16 special motion to strike several causes of action. Defendant argues that the service of the 14-page minute order, which on page 13 contains the words “notice of entry,” triggered the 60-day time period to file the notice of appeal pursuant to California Rules of Court, rule 2(a)(1). Because the 14-page minute order was not entitled “notice of entry,” we deny defendant’s dismissal motion.

On November 1, 2005, the trial court granted defendant’s Code of Civil Procedure section 425.16 special motion to strike. The clerk mailed a 14-page minute order. Below the heading on each of the 14 pages of the minute order, the following appears: “NATURE OF PROCEEDINGS:” (Original capitalization and boldface.) The place for an indication of the nature of the proceedings is blank on all 14 pages. On page 13 of the 14-page minute order, the following appears below the heading and the reference to the nature of proceedings: “CLERK’S CERTIFICATE OF…