Axis Surplus Ins. Co. v. Aletheia Research and Management CA2/5

I. INTRODUCTION

In this appeal from a stipulated judgment in favor of plaintiff and cross-defendant AXIS Surplus Insurance Company (AXIS), defendant and cross-complainant Aletheia Research and Management, Inc. (Aletheia) challenges certain of the trial court’s legal rulings following a bench trial and on motions in limine. We affirm.

In its respondent’s brief, AXIS argues that even if we were to disagree with the rulings challenged on appeal, we should affirm the judgment because the trial court erred in denying its motion for summary adjudication. We will affirm the judgment based on the court’s rulings at the bench trial and on the motions in limine and therefore need not consider AXIS’s alternative argument. AXIS has also filed a cross-appeal from the court’s denial of its summary adjudication motion. As the prevailing party in the judgment, however, AXIS is not aggrieved by the court’s rulings. We will therefore dismiss AXIS’s cross-appeal. (See Code Civ. Proc., § 902 [only aggrieved party may appeal]; Serrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014, 1026 [“A party who has an interest recognized by law that is adversely affected by the…