Rapp

Rapp v. Golden Eagle Insurance

Good Law
1994 Cal. App. LEXIS 450·24 Cal. App. 4th 1167·30 Cal. Rptr. 2d 126·94 Daily Journal DAR 6105·94 Cal. Daily Op. Serv. 3233
Court of Appeal of CaliforniaMay 4, 1994B082575California2,386 words

Opinion

Opinion

Turner, J.

Defendant, Golden Eagle Insurance Company, purports to appeal from a money judgment. Plaintiffs, Emma Rapp, Gloria Dimino, Florence Dimino and Steve Snyder, have moved to dismiss the appeal as untimely. We disagree and deny the dismissal motion.

On December 22, 1993, judgment was entered in favor of plaintiffs and against defendant. On December 23, 1993, plaintiffs’ counsel served a notice of entry of judgment. The notice contained a copy of the judgment. As a result, in order to be timely, the notice of appeal had to be filed within 60 days of the December 23, 1993, date. (Cal. Rules of Court, rule 2(a) ; Casado v. Sedgwick, Detert, Moran & Arnold (1994) 22 Cal.App.4th 1284, 1285-1286 [ 27 Cal.Rptr.2d 719 ]; Sharp v. Union Pacific R. R. Co. (1992) 8 Cal.App.4th 357, 360-361 [ 9 Cal.Rptr.2d 925 ].) The 60th day after the December 23, 1993, date of service of the notice of entry of judgment was February 21, 1994.

On February 17, 1994, which was within the 60-day time for timely filing the notice of appeal, defendant attempted to file such a document. On that date, a representative of Southern California Attorney Service, Inc., took the notice of appeal to the superior…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.