Foster v. Glendale Mem. Hospital etc. CA2/1

Filed 9/24/14 Foster v. Glendale Mem. Hospital etc. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

VELIA L. FOSTER, B249104

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BS133908) v.

GLENDALE MEMORIAL HOSPITAL EMERGENCY ROOM,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert H. O’Brien, Judge. (Retired Judge of the L.A. Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Dismissed. Velia L. Foster, in pro. per., for Plaintiff and Appellant. Fraser Watson & Croutch and Craig Donahue for Defendant and Respondent. ——————————

Velia Foster purports to appeal from a February 7, 2013 judgment, and an April 16, 2013 order denying a motion for reconsideration of an order sustaining defendant’s demurrer without leave to amend. We conclude Foster’s notice of appeal was untimely filed, and therefore the appeal must be dismissed. FACTUAL AND PROCEDURAL BACKGROUND We need not discuss the underlying facts, nor most of the procedural history, in this mandamus proceeding; neither is relevant to the disposition of this untimely appeal. On November 13, 2012, Foster, who has always been self-represented in this action, filed a document entitled “Filing A Motion to Show A Cause of Action before or on November 15, 2012 accordingly to Court’s order.” The trial court construed the document as an amended writ petition. On December 10, 2012, defendant Glendale Memorial Hospital and Health Center (the Hospital) demurred to the operative first amended petition. Oral argument on the demurrer, initially scheduled for January 18, 2013, was continued on the court’s motion, to January 25, 2013. On January 2, 2013, Foster filed two documents. The first, labeled “Filing a Motion of ‘First Amended Complaint’, filing A Motion of discontinuance of Hearing on January 18 and January 25, 2013. Filing An Oppose Demurrer, a motion to Strike.” The second document was entitled “File a Motion to request a postpone or adjourn the hearings of January 18 and January 25th. File a Motion to Oppose Demurrer.” In both documents Foster stated, among other things, that she would be out of state on the dates for which the demurrer hearing had been set. The hearing was conducted on January 25, 2013. Foster did not appear. The court sustained the demurrer without leave to amend. On January 28, 2013, the Hospital served Foster by mail with “NOTICE OF RULING ON DEMURRER TO FIRST AMENDED PETITION ENTITLED ‘FILING A MOTION TO SHOW A CAUSE OF ACTION BEFORE OR ON NOVEMBER 15, 2012 ACCORDING TO COURT’S ORDER.’” On January 28, 2013, the Hospital also served Foster by mail with a “[PROPOSED] ORDER SUSTAINING THE DEMURRER OF