Filipescu

Filipescu v. California Housing Finance Agency

Bad Law
1995 Cal. App. LEXIS 1269·41 Cal. App. 4th 738·48 Cal. Rptr. 2d 736·95 Daily Journal DAR 17124·95 Cal. Daily Op. Serv. 9919
Court of Appeal of CaliforniaDecember 26, 1995B096740California1,488 words

Opinion

Opinion

Turner, J.

Plaintiff, Doina D. Filipescu, appeals from a judgment entered after demurrers were sustained without leave to amend to her second amended complaint for wrongful termination. Defendant, California Housing Finance Agency, has moved to dismiss the appeal as untimely. The dismissal motion is granted.

The demurrers were sustained without leave to amend on June 19, 1995. On June 30,1995, the judgment was signed by the law and motion judge. On July 7, 1995, a file-stamped copy of the judgment was served on plaintiff’s counsel by mail. The judgment clearly states that it was filed on June 30, 1995. Further, next to the law and motion judge’s file-stamped signature on page 2 of the judgment, the date “Jun 30 1995” clearly appears. On July 19, 1995, defense counsel served a document entitled “Notice of Entry of Judgment.” Attached to the document served on July 19, 1995, was: a page indicating the judgment was entered on June 30, 1995; a file-stamped copy of the judgment; and the proof of service attached to the file-stamped judgment previously served by mail on July 7, 1995. The notice of appeal was not filed until September 18, 1995.

Defendant argues that the service of the…

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