Delmonico

Plaintiff Anthony J. Delmonico sued Laidlaw Waste Systems, Inc., and Bruce Whittingham (collectively Laidlaw) on several theories seeking damages for having been wrongfully fired for refusing to participate in Laidlaw’s allegedly illegal practice of misleading customers and prospective customers into entering contracts for waste removal under false pretenses. Relying on Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654 [ 254 Cal.Rptr. 211 , 765 P.2d 373 ] the trial court granted Laidlaw’s motion for summary judgment. Delmonico appeals contending the court misapplied Foley in light of the serious public policy violations which Laidlaw purportedly committed. As we shall explain, we are unable to reach the merits of Delmonico’s arguments concluding we must dismiss this appeal because it was not filed within the 60 days as required by California Rules of Court, rule 2(a)(2).

Procedural Background

The summary judgment in favor of Laidlaw was filed on July 13, 1990, and entered on July 20, 1990. On July 23, 1990, the defendants served Delmonico’s counsel by mail with a document entitled “Notice of Entry of Judgment.” The notice incorrectly stated the judgment was entered…