Kasper v. Cedars-Sinai Medical Center

Opinion

VOGEL (Miriam A.), J.

Bruce Kasper and Nicole Pascale sued Cedars-Sinai Medical Center and Dennis Goldfinger, M.D., for damages. Defendants answered, then moved for summary judgment. On

February 23,

1995, Defendants’ motion was granted and a minute order to that effect was entered. On

March 6,

Plaintiffs filed a motion for reconsideration. On

March 24

(before the reconsideration motion was heard), the trial court signed and entered a judgment in favor of Defendants. On

March 28,

Defendants served notice of entry of the judgment. On

May 30,

the trial court heard and denied Plaintiffs’ motion for reconsideration. On

June 23 and June 26

(87 days and 90 days after the March 28 notice of entry of judgment), Plaintiffs separately filed notices of appeal. We have no jurisdiction to consider these untimely appeals.

[782]

Discussion

As relevant, rule 2(a), California Rules of Court, provides that “a notice of appeal from a judgment shall be filed on or before ... 60 days after the date of service of a document entitled ‘notice of entry’ of judgment by any party upon the party filing the notice of appeal . . . .”

1

Plaintiffs’ notices of appeal were filed 87 and 90 days after notice of entry of judgment, 27 and 30 days too late. As a result, we have no jurisdiction to consider these appeals.

(Stratton

v.

First Nat. Life Ins. Co.

(1989) 210 Cal.App.3d 1071, 1078 [258 Cal.Rptr. 721].) To avoid this result, Plaintiffs point to rule 3(b) and contend their notices of appeal were timely because they were filed within 30 days after the date on which the trial court denied Plaintiffs’ motion for reconsideration. Rule 3(b) does not apply to the facts of this case.