People v. Lexington National Ins. Co. CA2/8

DISCUSSION

1. Scope of Appeal It is undisputed the notice of appeal from the November 22, 2019 order denying the motion to vacate forfeiture was timely filed. Plaintiff contends the order denying reconsideration is not within the scope of this appeal because it was not mentioned in the notice of appeal. Plaintiff is incorrect. The motion for reconsideration is reviewable in connection with defendant’s appeal of the denial of the original motion (Code Civ. Proc., § 1008, subd. (g) [“An order denying a motion for reconsideration made pursuant to subdivision (a) is not separately appealable. However, if the order that was the subject of a motion for reconsideration is appealable, the denial of the motion for reconsideration is reviewable as part of an appeal from that order.”].) Plaintiff was not misled or prejudiced as the notices designating the clerk’s and reporter’s transcripts identified the materials related to both the original motion to vacate and the motion for reconsideration. As plaintiff acknowledges, notices of appeal are liberally construed. (Walker v. Los Angeles County

3 Metropolitan Transportation Authority (2005) 35 Cal.4th 15, 20; see also Cal. Rules of…