Davis

Davis v. Superior Court

Good Law
126 Cal. Rptr. 3d 396·196 Cal. App. 4th 669·2011 Cal. App. LEXIS 724
Court of Appeal of CaliforniaJune 13, 2011No. B230666California1,829 words

Opinion

Lead Opinion

Rubin, J.

Leon Davis petitions for a writ of mandate directing the trial court to enter its final judgment so that Davis may file a notice of appeal. We grant the petition.

FACTS AND PROCEEDINGS

In October 2008, Leon Davis filed an employment discrimination complaint against his employer, the City of Los Angeles. The city moved for summary judgment. In a minute order dated October 1, 2009, the trial court granted the city’s motion for summary judgment. The minute order stated: “The Motion is tentatively granted pending issuance of the Court’s final written ruling, [f] LATER: Order Granting Summary Judgment is signed by the Court and filed this date. A copy of the order is sent via U.S. Mail to *671 counsel below, [f] For the reasons set forth in the Order, the Motion for Summary Judgment is GRANTED.”

The clerk of the court served the parties by mail with a copy of the minute order. The clerk’s certificate of mailing identified the served document as “NOTICE OF ENTRY OF ORDER,” and attested she had served “Notice of Entry of the above minute order of 10/01/09 . . . .”

The clerk attached to the minute order the court’s written ruling filed that day, entitled “Order Granting…

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