LBS Financial CU v. Gehron CA4/3

Filed 11/5/13 LBS Financial CU v. Gehron CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

LBS FINANCIAL CU,

Plaintiff and Respondent, G047837

v. (Super. Ct. No. 30-2011-00519786)

GEORGE J. GEHRON et al., OPINION

Defendants and Appellants.

Appeal from a judgment of the Superior Court of Orange County, William M. Monroe, Judge. Appeal dismissed. George J. Gehron, in pro. per., and Cheryl L. Gehron, in pro. per.; Bret D. Lewis & Associates and Bret D. Lewis, for Defendants and Appellants. Prenovost, Normandin, Bergh & Dawe, Karel Rocha and Kristin Godeke Baines, for Plaintiff and Respondent.

INTRODUCTION This appeal is untimely and must therefore be dismissed. The court granted respondent’s summary judgment motion and entered judgment in its favor on August 28, 2012. Respondent served a notice of entry of judgment on September 10, 2012. Appellants did not file their notice of appeal until December 21, 2012, more than 60 days after service of the notice of entry of judgment. Timely filing of a notice of appeal is jurisdictional, and we may not entertain an appeal when the notice is filed too late. FACTS The facts of this case are simply stated. Appellants George and Cheryl Gehron bought a boat on credit from Newport Boats. When they failed to make required payments, respondent LBS Financial CU, as Newport Boats’ assignee, sued to collect the amounts owing under the contract and to repossess the boat. LBS moved for summary judgment on both issues, the Gehrons having failed to comply with the court’s writ of possession. Before the motion for summary judgment could be heard, the Gehrons returned the boat, so the court ruled only on LBS’s claim for contract damages. The court awarded LBS its damages plus interest and ordered LBS to sell the boat and to credit the Gehrons with the proceeds. This judgment was entered on August 28, 2012. LBS served a notice of entry on the Gehrons on September 10. LBS subsequently moved to obtain attorney fees under the contract. At the same time, it filed a memorandum of costs. The judgment was amended to add costs and attorney fees on October 23, 2012. The judgment was amended yet again, on October 29, to correct an error in wording. LBS served the Gehrons with notices of entry for each of these amended judgments. The amended judgments did not change the original amount of damages and interest or make any other substantive changes in the original award. The Gehrons filed their notice of appeal from the judgment after an order granting a summary judgment motion on December 21, 2012.