Marriage of Slovenec CA4/3

Filed 10/19/15 Marriage of Slovenec 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re Marriage of LUKE and CHRISTINA SLOVENEC.

LUKE SLOVENEC, G052408 Appellant, (Super. Ct. No. 11D008932) v. OPINION CHRISTINA SLOVENEC,

Respondent.

Appeal from a judgment of the Superior Court of Orange County, Jonathan Cannon, Judge. (Retired Judge of the Orange Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.). Appeal dismissed. Masson & Fatini, Richard E. Masson, Susan M. Fatini-Masson, and Alyson M. Cunny for Appellant. Christina J. Slovenec, in pro. per., for Respondent.

* THE COURT: Christina J. Slovenec (Respondent) moves to dismiss the appeal by Luke Slovenec (Appellant) as untimely. We agree the appeal is untimely. Appellant’s notice of intention to move for new trial filed on April 21, 2015, triggered a 60-day period for ruling on the new trial motion under Code of Civil Procedure section 660. (All further statutory references to a code section are to the Code of Civil Procedure; all references to a rule are to the California Rules of Court.) The new trial motion was denied by operation of law on June 22, 2015, extending Appellant’s time to appeal to July 22, 2015. The notice of appeal was not filed until August 7, 2015. Accordingly, we grant Respondent’s motion and dismiss the appeal. PROCEDURAL FACTS Pursuant to the parties’ stipulation, a trial on reserved issues in this dissolution action was held before retired Judge Jonathan Cannon at Judicial Arbitration and Mediation Services (JAMS), who issued a statement of decision on April 8, 2015. Appellant filed and served a notice of intention to move for a new trial on April 21, 2015. He filed his motion for new trial, memorandum of points and authorities, and declaration of counsel (hereafter moving papers) on May 4, 2015. The judgment on reserved issues was entered May 8, 2015, and notice of entry of judgment was mailed by the clerk of the court that same date. A letter from Judge Cannon attached to Respondent’s motion to dismiss the appeal states JAMS received Appellant’s moving papers on May 22, 2015. JAMS also received on July 8, 2015, a declaration from Appellant’s counsel explaining why the moving papers were not timely filed. By e-mail dated Wednesday July 8, 2015, Judge Cannon’s case manager informed the parties’ counsel the motion for new trial was denied and directed