Sui v. Pierce CA4/3

Filed 2/22/16 Sui v. Pierce 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

YAN SUI,

Plaintiff and Appellant, G051510

v. (Super. Ct. No. 30-2011-00528906)

STEPHEN D. PRICE et al., OPINION

Defendants and Respondents.

Appeal from a postjudgment order of the Superior Court of Orange County, Craig L. Griffin, Judge. Appeal dismissed. Yan Sui, in pro. per., for Plaintiff and Appellant. Bonne, Bridges, Mueller, O’Keefe & Nichols, Margaret M. Holm, Robert A. Zermeno, Jr., and Allyson S. Ascher for Defendants and Respondents.

* * *

Yan Sui appeals from the court’s order denying his motion for attorney fees in his action against defendants Stephen D. Price, Michelle J. Matteau, and 2176 Pacific Homeowners Association. Because the court’s order is nonappealable, we dismiss Sui’s appeal.

1 FACTS

In July 2011, Sui filed a petition for bankruptcy relief in the bankruptcy court. In December 2011, Sui and Pei-Yu Yang filed this action against defendants. In May 2012, defendants and Sui’s bankruptcy trustee entered into a settlement agreement, whereby defendants would pay $5,000 and release Sui’s bankruptcy estate from any malicious prosecution claims against Sui, in exchange for the dismissal with prejudice of Sui’s four pending lawsuits against them, including the instant action. The settlement agreement also stated the parties would bear their own attorney fees.

1 We grant defendants’ request for judicial notice under Evidence Code sections 452, 453, and 459 as to the following exhibits to the request: Exhibit B (Yan Sui’s petition for bankruptcy relief), exhibit E-A (order of bankruptcy court approving the settlement agreement), exhibit E-B (memorandum of Ninth Circuit Court of Appeal affirming the order of the Bankruptcy Appellate Panel dismissing as moot Yan Sui’s appeal from the order approving the settlement), exhibit J (notice of ruling on attorney fees motion), exhibit K (Sui v. 2176 Pacific Homeowners Assoc. (Feb. 24, 2015, G049822) [nonpub. opn.]). The request for judicial notice as to the remaining exhibits is denied as not relevant to the reason for our dismissal of the appeal. We deny consideration of Sui’s “submission of supplemental facts in support of the argument in appeal” and the request for judicial notice in support thereof as not relevant to the reason for our dismissal of the appeal.