Good
Good v. Miller
Opinion
Lead Opinion
Duarte, J.
*474 Opinion
Although under certain circumstances we have discretion to permit a premature appeal from a nonappealable order to be treated as timely filed after the ensuing judgment, there is a limit to our willingness to salvage appeals for parties “who ignore the statutory limitations on appealable orders.” (Cohen v. Equitable Life Assurance Society (1987) 196 Cal.App.3d 669, 671 [ 242 Cal.Rptr. 84 ].) In this case, plaintiff has exceeded that limit. We publish this case to illustrate that limit, and also to emphasize that it is imperative to appeal from an appealable order.
BACKGROUND
Scott Good sued Patrick Miller and United Truck Insurance Services (collectively Miller), and Sutter Insurance Company (not a party on appeal), alleging a dispute over an insurance policy.
On October 26, 2010, the trial court had granted Miller’s unopposed motions to compel responses to discovery requests, ordering Good to provide “complete responses . . . without objections” no later than November 15, 2010.
On January 5, 2011, Miller sought monetary and terminating sanctions, alleging willful noncompliance with the order compelling discovery.