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Scott Good v. Patrick Miller et al

March 13, 2013

SCOTT GOOD, PLAINTIFF AND APPELLANT,
v.
PATRICK MILLER ET AL., DEFENDANTS AND RESPONDENTS.



(Super. Ct. No. SCV24967) APPEAL from a judgment of the Superior Court of Placer County, Colleen M. Nichols, Judge.

The opinion of the court was delivered by: Duarte , J.

(reposted to correct typographical error in date)

CERTIFIED FOR PUBLICATION

Dismissed.

Although under certain circumstances we have discretion to permit a premature appeal from a non-appealable 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.) 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

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.

On May 11, 2011, an order granting terminating sanctions was filed.

On July 11, 2011, Good filed a notice of appeal from that order.

On July 26, 2011, a judgment in favor of Miller was filed.

On August 15, 2011, Miller's civil appeal mediation statement filed with this court contended that Good's appeal had been taken from a non-appealable order.

Good's opening brief, filed on August 3, 2012, under an "Appealability" section, incorrectly asserted that the notice of appeal "was timely filed following the Entry of ...


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