Drum
Drum v. Superior Court
Opinion
Opinion
Ramirez, J.
Joel Drum (Drum) appeals from orders of the trial court imposing ever-increasing amounts of monetary sanctions upon him as the result of his repeated failure to appear at order to show cause hearings. He claims that the trial judge was biased and that his orders are therefore void, and in the alternative claims that the trial judge abused his discretion in imposing multiple sanctions orders against him. On our own motion we find that this appeal is untimely and must be dismissed for lack of jurisdiction pursuant to Hollister Convalescent Hosp., Inc. v. Rico (1975) 15 Cal.3d 660, 666-667 [ 125 Cal.Rptr. 757 , 542 P.2d 1349 ] (Hollister) (see also Laraway v. Pasadena Unified School Dist. (2002) 98 Cal.App.4th 579, 582 [ 120 Cal.Rptr.2d 213 ]). In reaching this determination we disagree with the holding in Lim v. Silverton (1997) 61 Cal.App.4th Supp. 1 [ 72 Cal.Rptr.2d 408 ] (Lim). However, we also find that this case, because it involves uncertainty in the law with respect to the appealability of the monetary sanctions orders in question, presents special circumstances meriting treatment of the late appeal as a petition for an extraordinary writ. We deny the writ…