Melbostad

Melbostad v. Fisher

Good Law
165 Cal. App. 4th 987·2008 Cal. App. LEXIS 1192·81 Cal. Rptr. 3d 354
Court of Appeal of CaliforniaJuly 23, 2008A119514California4,306 words

Opinion

Opinion

Sepulveda, J.

Appellant Paul H. Melbostad challenges an award of attorney fees to respondent Donald G. Fisher after the trial court granted a special motion to strike (Code Civ. Proc., § 425.16). He also challenges the granting of a protective order that precluded him from taking discovery related to respondent’s attorney fees motion. Because appellant’s notice of appeal was not timely filed, we lack jurisdiction to consider his appeal, and therefore dismiss it.

I.

Factual and Procedural Background

On December 22, 2005, appellant filed a complaint against James Sutton, Kevin Heneghan, and respondent Fisher (hereinafter collectively defendants) alleging violations of San Francisco’s campaign finance laws. On January 23, 2006, defendants filed a special motion to strike pursuant to California’s anti-SLAPP statute. (§ 425.16.) The trial court granted defendants’ motion on April 18, 2006, stating, “[T]he court GRANTS Defendants’ Special Motion to Strike Mr. Melbostad’s Complaint in its entirety. Mr. Melbostad’s Complaint is dismissed with prejudice.” The trial court’s order also stated that defendants were entitled to attorney fees, and that they were to notice a hearing to determine…

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