Beer

DISCUSSION

1. The October 9, 2013 Appeal by Xiam Beer The October 9, 2013 notice of appeal is from (1) the June 25, 2013 order denying Xiam Beer’s fee waiver request and (2) the September 20, 2013 order striking Xiam Beer from the complaint due to nonpayment of fees.1 As to the June 25, 2013 order denying Xiam Beer’s fee waiver request, the notice of appeal is not timely. The order was entered on June 25, 2013, and a file-stamped copy indicating the date of service was personally served by the clerk of the court that day. Xiam Beer thus had 60 days from June 25, 2013 to appeal from the order, i.e., on or before August 26, 2013 (August 24, 2013 was a Saturday). (Cal. Rules of Court, rule 8.104(a)(1)(A) [party has 60 days to file a notice of appeal from service by the court clerk of a file-stamped copy of the judgment showing the date of service].) The notice of appeal was not filed within that period, but rather 44 days later on October 9, 2013. The notice of appeal, therefore, is not timely, and the appeal must be dismissed to the extent it is from the June 25, 2013 order denying Xiam Beer’s fee waiver request. (Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather…