From Casetext: Smarter Legal Research

In re Marriage of Papazian

California Court of Appeals, First District, Second Division
Apr 2, 2009
No. A122113 (Cal. Ct. App. Apr. 2, 2009)

Opinion


In re the Marriage of GILBERT II and AMY LYNN PAPAZIAN. GILBERT PAPAZIAN II, Respondent, v. AMY LYNN PAPAZIAN, Appellant. A122113 California Court of Appeal, First District, Second Division April 2, 2009

NOT TO BE PUBLISHED

San Mateo County Super. Ct. No. F071764

Haerle, Acting P.J.

I. INTRODUCTION

Respondent Gilbert Papazian II moves to dismiss appellant Amy Lynn Papazian’s appeal from the trial court’s April 28, 2008, order on the ground that it is a non-appealable order. We agree, and accordingly dismiss Appeal No. A122113, which is taken from this order.

II. DISCUSSION

Appellant appeals from the court’s April 28, 2008, order denying her access to documents produced by third party entities Lucky Strike Farms Co., Papazian Properties Company and Papazian Investment Company under a stipulated protective order.

The order appealed from is a non-appealable discovery order, which is preliminary to a later proceeding -- in this case, pending motions to modify child support and for attorney fees. This order is not final, and is therefore not appealable. (Lakin v. Watkins Associated Industries (1993) 6 Cal.4th 644, 652-653.)

In her opening brief in this appeal, appellant states that “[i]t is uncertain whether the order denying access to discovery is considered an interlocutory order or an appealable order . . . .” She requests that, in the “interest of judicial economy,” we treat her appeal as a writ. We decline to do so.

III. DISPOSITION

The appeal is dismissed and appellant’s request that we treat her appeal as a writ is denied.

We concur: Lambden, J., Richman, J.


Summaries of

In re Marriage of Papazian

California Court of Appeals, First District, Second Division
Apr 2, 2009
No. A122113 (Cal. Ct. App. Apr. 2, 2009)
Case details for

In re Marriage of Papazian

Case Details

Full title:In re the Marriage of GILBERT II and AMY LYNN PAPAZIAN. v. AMY LYNN…

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

Date published: Apr 2, 2009

Citations

No. A122113 (Cal. Ct. App. Apr. 2, 2009)