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A.Z. Mashiah, Ltd. v. Christopher Ranch, LLC

California Court of Appeals, Second District, Second Division
Mar 23, 2009
No. B204185 (Cal. Ct. App. Mar. 23, 2009)

Opinion

NOT TO BE PUBLISHED

APPEAL from an order of the Superior Court of Los Angeles County. Ct. No. SC093667 Terry B. Friedman, Judge.

Law Offices of Jacob N. Segura and Jacob N. Segura for Plaintiffs and Appellants.

Hopkins & Carley and Robert A. Christopher for Defendant and Respondent.


ASHMANN-GERST, J.

Plaintiff and appellant A.Z. Mashiah, Ltd. (Mashiah) purports to appeal from a trial court order granting the motion of defendant and respondent Christopher Ranch, LLC (Christopher Ranch) to change the venue of this action from Los Angeles County to Santa Clara County. Mashiah’s attorney, Jacob N. Segura (Segura) separately objects to the trial court’s order requiring him to pay attorney fees in the amount of $2,090 to Christopher Ranch.

Because neither of these trial court orders is appealable, Mashiah’s and Segura’s appeal is dismissed.

FACTUAL AND PROCEDURAL BACKGROUND

On November 14, 1996, Mashiah obtained a default judgment against Christopher Ranch in Israel. At some point, Mashiah sought to enforce that judgment pursuant to Code of Civil Procedure section 1710.10, which permits the enforcement of sister state judgments. A sister state judgment was apparently entered because on April 24, 2007, Christopher Ranch moved to vacate entry of the sister state judgment and dismiss the action. The trial court granted Christopher Ranch’s motion, reasoning that Mashiah moved to enforce the judgment under the wrong statute (section 1710.10 [enforcement of sister state judgments] instead of section 1713.1 [enforcement of foreign judgments]).

All further statutory references are to the Code of Civil Procedure unless otherwise indicated.

On that same date, April 24, 2007, Mashiah then filed a complaint to enforce a foreign judgment pursuant to the foreign judgment act. In response, Christopher Ranch filed a motion to dismiss the action or, in the alternative, transfer venue. It also sought monetary sanctions against Mashiah and its counsel. Mashiah opposed Christopher Ranch’s motion.

On October 2, 2007, the trial court granted Christopher Ranch’s motion in part, transferring the action to Santa Clara County. Pursuant to section 396b, subdivision (b), it also awarded monetary sanctions against Segura in the amount of $2,090.

On November 30, 2007, Mashiah and Segura filed a notice of appeal from the trial court’s October 2, 2007, order (1) granting Christopher Ranch’s motion for change of venue, and (2) awarding monetary sanctions against Segura.

DISCUSSION

It is well-established that a party may appeal only from an appealable order. (Doran v. Magan (1999) 76 Cal.App.4th 1287, 1292–1293.)

“Review of an order granting or denying a motion for change of venue lies only by petition for writ of mandate. (Code Civ. Proc., § 400.) The order is not made appealable by statute (Code Civ. Proc., § 904.1) or by any of the ‘clearly mandated’ exceptions to the one final judgment rule [citation].” (Calhoun v. Vallejo City United School Dist. (1993) 20 Cal.App.4th 39, 41–42.)

Similarly, only an order awarding sanctions in an amount greater than $5,000 may be immediately appealed. (§ 904.1, subd. (a)(12).) “Sanction orders or judgments of five thousand dollars ($5,000) or less against a party or an attorney for a party may be reviewed on an appeal by that party after entry of final judgment in the main action, or, at the discretion of the court of appeal, may be reviewed upon petition for an extraordinary writ.” (§ 904.1, subd. (b); see also Calhoun v. Vallejo City United School Dist., supra, 20 Cal.App.4th at p. 42.)

Neither Mashiah nor Segura pursued a petition for an extraordinary writ. It follows that Mashiah’s purported appeal from the trial court’s order transferring venue and Segura’s purported appeal from the trial court’s order awarding monetary sanctions against him in the amount of $2,090 must be dismissed.

DISPOSITION

The appeal is ordered dismissed. Christopher Ranch is entitled to costs on appeal.

We concur: DOI TODD, Acting P. J., CHAVEZ, J.


Summaries of

A.Z. Mashiah, Ltd. v. Christopher Ranch, LLC

California Court of Appeals, Second District, Second Division
Mar 23, 2009
No. B204185 (Cal. Ct. App. Mar. 23, 2009)
Case details for

A.Z. Mashiah, Ltd. v. Christopher Ranch, LLC

Case Details

Full title:A.Z. MASHIAH, LTD. et al., Plaintiffs and Appellants, v. CHRISTOPHER…

Court:California Court of Appeals, Second District, Second Division

Date published: Mar 23, 2009

Citations

No. B204185 (Cal. Ct. App. Mar. 23, 2009)