Keegan v. Pratt CA4/3

Filed 5/28/15 Keegan v. Pratt 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

MARIAN K. KEEGAN,

Plaintiff and Appellant, G049659

v. (Super. Ct. No. 30-2010-00338176)

SHANNON PRATT, OPINION

Defendant and Respondent.

Appeal from orders of the Superior Court of Orange County, David R. Chaffee, Judge. Affirmed. Marian K. Keegan, in pro per; Charles G. Kinney (now involuntarily inactive) for Plaintiff and Appellant. Pardes & Stein and Fred S. Pardes for Defendant and Respondent. * * *

Plaintiff and appellant Marian Keegan contends the court abused its

discretion in ruling on a notice of related case and in granting a motion to quash filed by respondent Shannon Pratt, whom Keegan served as a Doe defendant more than three years after the lawsuit was filed. With regard to her first point, Keegan has provided an inadequate record for review and a lack of pertinent legal argument. With regard to her second point, Keegan failed to timely serve her complaint. (Code Civ. Proc., §§ 583.210, subd. (a), 583.250, subd. (a).) We affirm. I FACTS Keegan filed a complaint against Kymberli Serafino, Hugo Salgado, O.C. Restaurant Upholstery, and Does one through 50, on January 22, 2010. (Keegan v. Serafino (Super. Ct. Orange County, No. 30-2010-00338176) (“Keegan”).) Keegan alleged that she owned a vinyl repair business known as Invisible Vinyl Repair. She had employed Serafino as her office manager and Salgado as a craftsman. However, Serafino and Salgado left their employment in January 2010. According to the complaint, Serafino and Salgado opened a competing business, under the name O.C. Restaurant Upholstery. They allegedly stole Keegan’s customers, floor plans, fabric samples, tools of the trade, and certain bank funds. Keegan asserted numerous causes of action against them, and she filed a first amended complaint in May 2010. A bench trial was held before Judge Chaffee on January 18, 2011. None of the defendants appeared. On February 22, 2011, the court entered an amended judgment against Salgado and O.C. Restaurant Upholstery, but not Serafino, who had filed for bankruptcy. It awarded $599,000 to Keegan. Keegan represents that the court granted a new trial motion for Salgado, who then had a jury trial. She further represents that neither she nor Salgado “prevailed in that.” Keegan provides no record references to support her description of events. On September 14, 2012, Keegan filed a notice of related case. She said her