ECC Construction Inc. v. Oak Park Calabasas Homeowners Ass'n

INTRODUCTION

Defendant Oak Park Calabasas Homeowners Association appealed from a judgment in favor of plaintiff ECC Construction, Inc. Plaintiff previously moved to dismiss the appeal for lack of jurisdiction, based on an untimely notice of appeal. We held the notice of appeal was timely and denied the motion. (ECC Construction, Inc. v. Oak Park Calabasas Homeowners Assn. (2004) 118 Cal.App.4th 1031 [ 13 Cal.Rptr.3d 580 ].) In our opinion, we “expressed] no opinion as to the propriety of the dismissal with respect to any claims raised by defendant in its cross-complaint,” stating that we would “consider a motion or request to dismiss such claims if supported by appropriate documentation.” (Id. at p. 1040, fn. 6.)

Plaintiff has now filed a motion to dismiss the appeal as to defendant’s claims raised in its cross-complaint. We hold the notice of appeal was timely as to the cross-complaint, and we deny the motion to dismiss.

FACTS

As stated in our previous opinion, the facts are as follows: “Judgment in this case was entered on August 5, 2002. That same day, plaintiff served notice of entry of judgment. On the following day, August 6, 2002, defendant filed a voluntary…