Edwords

MEMORANDUM *

Plaintiff Richard J. Edwords, proceeding through his guardian ad litem, appeals the district court’s dismissal of some of his claims against the City of National City and various individual defendants.

1. The parties’ stipulation to dismissal of the action with prejudice, in district court, neither deprives us of jurisdiction nor constitutes a waiver of Plaintiffs right to appeal. See Or. Bureau of Labor & Indus. v. U.S. W. Commc’ns, Inc., 288 F.3d 414, 417 (9th Cir.2002) (holding that this court has jurisdiction over an appeal from a stipulated voluntary dismissal with prejudice, unless it was intended to settle the case); Concha v. London, 62 F.3d 1493, 1507 (9th Cir.1995) (same).

2. Plaintiffs appeal was properly before the Civil Service Commission and the City Council, which upheld his termination. Plaintiff made a general appearance in the administrative proceedings, notwithstanding his insistence to the contrary. See §66-368 Geary St., L.P. v. Superior Court, 219 Cal.App.3d 1186 , 268 Cal.Rptr. 678, 681 (1990) (holding that party’s label of *829 appearance as “general” or “special” does not control and that a request for continuance is a form of relief that a…