Green Century Development v. Yuan CA2/5

Filed 10/21/14 Green Century Development v. Yuan CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

GREEN CENTURY DEVELOPMENT, B250846 LLC, (Los Angeles County Super. Ct. Plaintiff and Respondent, No. KC058045)

v.

JOHN YUAN,

Defendant and Appellant;

NORIKO KOMIYAMA,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Salvatore Sirna, Judge. Appeal dismissed. John Yuan, in pro. per., for Defendant and Appellant. John M. Gantus & Associates and John M. Gantus for Defendant and Respondent. ___________________

1

Appellant John Yuan purports to appeal from a postjudgment notice of ruling denying a motion to reconsider a motion for reconsideration in this interpleader action. Because the notice of ruling and the order denying the motion for reconsideration are not appealable orders, we dismiss the appeal.

FACTS AND PROCEDURAL BACKGROUND1

Dissolution Proceedings

Yuan and respondent Noriko Komiyama were married on February 6, 1993. Janetech Group, Inc., was incorporated in California on March 26, 1993. Yuan was listed as Janetech’s agent for service of process at an address in Walnut, California. Yuan and Komiyama held title to the Walnut property as joint tenants. However, in August 1997, Yuan and Komiyama filed a joint petition for dissolution of marriage stating there were no community assets or liabilities and neither party had any interest in real property. A dissolution judgment was granted on March 2, 1998. In September 2006, plaintiff Green Century Development, LLC executed a promissory note in the amount of $252,000 secured by a deed of trust in favor of Janetech. Payment was due on November 11, 2009. On June 11, 2007, Komiyama filed a motion to set aside the dissolution judgment except as to dissolution of status. The motion was based on evidence of the grant deed to the Walnut property, records from the California Secretary of State’s Office, and a grant deed showing Janetech held an undivided 68 percent interest in real property in Imperial County. The trial court vacated the dissolution judgment except as to status on July 20, 2007. On January 26, 2009, the court entered a dissolution judgment that awarded to