Cuenllas

Cuenllas v. VRL International Ltd.

Good Law
112 Cal. Rptr. 2d 383·2001 Cal. App. LEXIS 796·2001 D.A.R. 10·2001 Daily Journal DAR 10913·92 Cal. App. 4th 1050
Court of Appeal of CaliforniaOctober 11, 2001B138624California1,143 words

Opinion

Opinion

Hastings, J.

Plaintiff David Cuenllas appeals from an order quashing service of summons in favor of defendant VRL International, Ltd. (respondent).

In the published portion of this opinion, part I, we address our jurisdiction to hear the appeal. We conclude that service of a minute order which notes the date of entry in the order but which is not entitled “notice of entry” does not trigger the 60-day time period for filing a notice of appeal provided for in California Rules of Court, rule 2(a). (All further rule references will be to the Cal. Rules of Court unless otherwise noted.) Rather, the 180-day time period contained within that rule applies, meaning this appeal was timely noticed.

In the unpublished portion of this opinion, part n, we address the merits of the appeal and we affirm the trial court.

I. Was the Appeal Timely Noticed?

Facts

Appellant, a resident of California, filed this action against multiple defendants for injuries he sustained in a jet ski accident in the ocean off the Bahamas. Appellant was on a business trip at the time and was staying as a guest at the Breezes Hotel in Nassau. He had rented the jet ski from an operator adjacent to the hotel property.…

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