Jones

DISCUSSION

In his notice of appeal, plaintiff appeals (1) the “[j]udgment of dismissal after an order sustaining a demurrer,” and (2) “[d]enial of [the] motion to set aside the dismissal of the entire action.”

All further statutory references are to the Code of Civil Procedure unless otherwise indicated.

This order was omitted from the original clerk’s transcript, and we grant plaintiff’s motion to augment the record with this order.

I. Jurisdiction

We do not have jurisdiction over plaintiff’s appeal of the trial court’s order sustaining the demurrer to his complaint. Where, as here, a party is served with a notice of entry of judgment, that party has 60 days to file a notice of appeal. (Cal. Rules of Court, rule 8.104(a)(1); § 1013, subd. (a) [time period not extended by five days for mailing for notices of appeal].) Plaintiff filed his notice of appeal on February 3, 2014, which is 63 days after he was served with the notice of entry of judgment on December 2, 2013. We are obligated to dismiss this untimely appeal. (Cal. Rules of Court, rules 8.104(b), 8.60(d).) Plaintiff offers two reasons why dismissal is avoidable. First, he argues that he extended…