Go From First Date of Entry, Said Reviewing Court.
Okay, for you procedural pros or interested readers, you will like our post on Olla v. Wagner, Case No. B239702 (2d Dist., Div. 5 Feb. 5, 2014) (unpublished).
The lower court entered a post judgment minute order awarding fees on April 2, 2012 to defendants, with defendants serving notice of entry on April 6, 2012. However, a document entitled judgment on fees motion was filed on April 27, 2012, with notice of entry of this “judgment” served on May 10, 2012. Plaintiff appealed the postjudgment fee order on July 3, 2012, which was over 60 days from the April 6, 2012 notice of entry from the minute order.
Given this state of the record, what was the result? Answer: Untimely appeal.
The appellate court determined the April 2, 2012 minute order was separately appealable as a collateral order. The subsequently entered April 27, 2012 “judgment” had no effect on the timing of the appeal. (Laraway v. Pasadena Unified School Dist., 98 Cal.App.4th 579, 583 (2002).)
