Jordan

Jordan v. Malone

Good Law
1992 Cal. App. LEXIS 397·5 Cal. App. 4th 18·6 Cal. Rptr. 2d 454·92 Daily Journal DAR 4421·92 Cal. Daily Op. Serv. 2892
Court of Appeal of CaliforniaApril 1, 1992F014548California947 words

Opinion

Opinion

Vartabedian, J.

Plaintiff purports to appeal from the trial court’s “decision” that “[¡judgment should enter for defendant.” We conclude that the record before us fails to establish that plaintiff has appealed from a final judgment or appealable order.

Plaintiff’s complaint alleged breach of a written guarantee agreement. Under the claimed agreement, defendant, a shareholder of a corporation in bankruptcy, agreed to pay a sum to plaintiff, a creditor of the corporation, in consideration of plaintiff’s withdrawal of objections in the pending bankruptcy action.

The case proceeded to court trial. After taking the matter under submission, the court issued a written decision in favor of defendant, stating in substantial part:

On June 13, 1990, plaintiff filed a notice of motion for new trial. That motion was denied on July 6, 1990, and an order denying the motion was filed on the same day. Plaintiff filed his notice of appeal on September 4, 1990.

Discussion

In plaintiff’s opening brief, in a section entitled “Statement of Appealability,” plaintiff acknowledges that the court’s decision filed May 24, 1990, provided that judgment should enter for defendant and that defendant was directed…

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