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Baughman v. Zhu

Court of Appeals of California, First Appellate District, Division Four.
Nov 18, 2003
A102751 (Cal. Ct. App. Nov. 18, 2003)

Opinion

A102751.

11-18-2003

STEVE BAUGHMAN, Plaintiff and Respondent, v. LI WEI ZHU, Defendant and Appellant.


In November 2001, respondent Steve Baughman filed a civil complaint against appellant Li Wei Zhu, doing business as Professional Immigration Consultant, alleging that Zhus offer to render legal assistance constituted the unlawful practice of law. Baughman sought injunctive relief, an accounting, restitution and attorney fees. (See Bus. & Prof. Code, § 22441, subd. (d).)

After a court trial, judgment was filed in Baughmans favor in December 2002. Part of the judgment ordered Zhu to pay attorney fees to Baughman in an amount to be determined at a later hearing. The county clerk mailed Zhu a copy of that judgment on December 17, 2002. She did not file a posttrial motion challenging the judgment, nor did she file an appeal from that judgment.

After a hearing on Baughmans motion for attorney fees, on March 20, 2003, the trial court ordered Zhu to pay $ 10,040 in attorney fees and $1,585.10 in costs. On May 19, 2003, Zhu filed a notice of appeal from the March 2003 order on attorney fees. In her opening brief, she does not contend that the attorney fees order was improper, but raises issues challenging the validity of the underlying December 2002 judgment. She may not do so.

Under most circumstances, a notice of appeal must be filed within 60 days of mailing of the notice of entry of judgment. (Cal. Rules of Court, rule 2(a).) Zhu did not appeal from the December 2002 judgment within that time period. To the extent that she intended her May 2003 notice of appeal from the March 2003 order to also constitute a challenge to the December 2002 judgment, that notice of appeal was not timely filed. Under these circumstances, we have no jurisdiction to consider the merits of this purported appeal, but must dismiss it. (See Ramirez v. Moran (1988) 201 Cal.App.3d 431, 437.)

The purported appeal is dismissed.

We concur: Sepulveda, J., Rivera, J.


Summaries of

Baughman v. Zhu

Court of Appeals of California, First Appellate District, Division Four.
Nov 18, 2003
A102751 (Cal. Ct. App. Nov. 18, 2003)
Case details for

Baughman v. Zhu

Case Details

Full title:STEVE BAUGHMAN, Plaintiff and Respondent, v. LI WEI ZHU, Defendant and…

Court:Court of Appeals of California, First Appellate District, Division Four.

Date published: Nov 18, 2003

Citations

A102751 (Cal. Ct. App. Nov. 18, 2003)