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Sanders v. McCoy

California Court of Appeals, Sixth District
Feb 8, 2011
No. H035233 (Cal. Ct. App. Feb. 8, 2011)

Opinion


ALPHA SANDERS, Plaintiff, Cross-Defendant and Appellant, v. AARON McCOY, et. al., Defendants, Cross-Complainants and Respondents. H035233 California Court of Appeal, Sixth District February 8, 2011

NOT TO BE PUBLISHED

Santa Clara County Super. Ct. No. CV084587

ELIA, J.

Plaintiff Alpha Sanders seeks review of a judgment in which she was awarded $3,195 plus costs of suit against Aaron McCoy and his construction company. Defendants were awarded nothing on their cross-complaint. Only plaintiff, appearing in propria persona, has appealed, and defendants have filed no response.

Referring to California Rules of Court, rule 8.104(a)), we notified plaintiff that her appeal appeared to be untimely. Plaintiff responded by letter brief, but she argued only with reference to the timeliness of her appellate brief, citing the rules applicable to the filing of briefs. The time for appealing a judgment is jurisdictional; once the deadline expires, the appellate court has no power to entertain the appeal. (Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather Ins. Agency, Inc. (1997) 15 Cal.4th 51, 56; Hollister Convalescent Hosp., Inc. v. Rico (1975) 15 Cal.3d 660, 674.)

The judgment is this case was filed on November 9, 2009, and served on plaintiff the same day. In her Civil Case Information Statement, plaintiff represented that she filed her notice of appeal on January 4, 2010. If that had been a correct statement, her appeal would have been timely. The appellate record discloses, however, that plaintiff filed her notice of appeal on February 5, 2010, beyond the 60-day period allowed for taking an appeal under California Rules of Court, rule 8.104(a)(1). Because plaintiff did not file her notice of appeal within the prescribed period, we have no jurisdiction to review the judgment. (Cal. Rules of Court, rule 8.104(b).)

The appeal is dismissed.

WE CONCUR: RUSHING, P. J., PREMO, J.


Summaries of

Sanders v. McCoy

California Court of Appeals, Sixth District
Feb 8, 2011
No. H035233 (Cal. Ct. App. Feb. 8, 2011)
Case details for

Sanders v. McCoy

Case Details

Full title:ALPHA SANDERS, Plaintiff, Cross-Defendant and Appellant, v. AARON McCOY…

Court:California Court of Appeals, Sixth District

Date published: Feb 8, 2011

Citations

No. H035233 (Cal. Ct. App. Feb. 8, 2011)