Pinnavaia v. Miracosta Com College Dist. CA4/1

Filed 3/19/14 Pinnavaia v. Miracosta Com College Dist. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

MATTHEW D. PINNAVAIA, D063738

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2012-00057295-CU-MC-NC) MIRACOSTA COMMUNITY COLLEGE DISTRICT,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of San Diego County, Jacqueline

M. Stern, Judge. Appeal dismissed.

Matthew D. Pinnavaia, in pro. per., for Plaintiff and Appellant.

Winet Patrick Gayer Creighton & Hanes and Jennifer S. Creighton for Defendant

and Respondent.

In plaintiff Matthew Pinnavaia's action against defendant MiraCosta Community

College District, the court sustained defendant's demurrer without leave to amend, and a

judgment of dismissal was entered. Pinnavaia filed a notice of appeal from that judgment

on April 15, 2013.

Pinnavaia's opening brief does not address the appealed-from judgment. Instead,

his opening brief is limited to arguing that, on February 21, 2013, the trial judge

erroneously denied his motion to disqualify the judge under Code of Civil Procedure

section 170.1 et seq. However, the exclusive mode for challenging the denial of a motion