Ray v. Peterson

Full title: MARGUERITA RAY et al., Plaintiffs and Appellants, v. THOMAS K. PETERSON et…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

Date published: Jan 18, 2013

B239750 (Cal. Ct. App. Jan. 18, 2013)

Opinion

B239750

01-18-2013

MARGUERITA RAY et al., Plaintiffs and Appellants, v. THOMAS K. PETERSON et al., Defendants and Respondents.

Law Offices of Benjamin P. Wasserman and Benjamin P. Wasserman for Plaintiffs and Appellants. Ryan, Datomi & Mosely LLP, Richard J. Ryan, Jeffrey T. Whitney and Dawn Cushman, for Defendants and Respondents Thomas K. Peterson and Thomas K. Peterson, M.D., Inc. La Follette, Johnson, De Haas, Fesler & Ames, Louis H. De Haas and David J. Ozeran, for Defendant and Respondent St. Francis Medical Center.

TURNER

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. TC024308)

APPEAL from an order of the Superior Court of Los Angeles County, Rose Hom, Judge. Dismissed.

Law Offices of Benjamin P. Wasserman and Benjamin P. Wasserman for Plaintiffs and Appellants.

Ryan, Datomi & Mosely LLP, Richard J. Ryan, Jeffrey T. Whitney and Dawn Cushman, for Defendants and Respondents Thomas K. Peterson and Thomas K. Peterson, M.D., Inc.

La Follette, Johnson, De Haas, Fesler & Ames, Louis H. De Haas and David J. Ozeran, for Defendant and Respondent St. Francis Medical Center.

Defendants, Thomas K. Peterson, M.D. and his professional corporation, Thomas K. Peterson, M.D., Inc., have moved to dismiss the purported appeal of plaintiffs, Marguerita Ray and Frederick Hagen. On January 6, 2012, judgment was entered in favor of a codefendant, St. Francis Medical Center, and against plaintiffs. The judgment was signed by the Honorable Rose Hom. On March 5, 2012, plaintiffs filed a notice of appeal from the January 6, 2012 judgment in favor of the codefendant, St. Francis Medical Center.

On April 2, 2012, judgment was entered in favor of defendants against plaintiffs. On April 17, 2012, defendants mailed a notice of entry of the April 2, 2012 judgment in their favor. The April 2, 2012 judgment was signed by Judge Lynn D. Olson. Plaintiffs have not filed a notice of appeal from the April 2, 2012 judgment signed by Judge Olson.

We have no jurisdiction over the April 2, 2012 judgment signed by Judge Olson. We are without jurisdiction to consider issues not mentioned even inferentially in the notice of appeal. (Glassco v. El Sereno Country Club, Inc. (1932) 217 Cal. 90, 91-92; DeZerega v. Meggs (2000) 83 Cal.App.4th 28, 43; Unilogic, Inc. v. Burroughs Corp. (1992) 10 Cal.App.4th 612, 624-625; Norman I. Krug Real Estate Investments, Inc. v. Praszker (1990) 220 Cal.App.3d 35, 47; Eskaton Monterey Hospital v. Myers (1982) 134 Cal.App.3d 788, 790; Estate of McManus (1963) 214 Cal.App.2d 390, 394, fn. 1.) Hence, the purported appeal from the April 2, 2012 judgment must be dismissed.

The appeal from the April 2, 2012 judgment is dismissed. Defendants, Thomas K. Peterson M.D. and Thomas K. Peterson, M.D., Inc., shall recover their costs incurred on appeal from plaintiffs, Marguerita Ray and Frederick Hagen.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

TURNER, P. J. We concur:

KRIEGLER, J.

FERNS, J.^*

* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.