Doe v. Golden Rain Foundation of Laguna Woods CA4/3

Filed 8/24/20 Doe v. Golden Rain Foundation of Laguna Woods 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JANE DOE et al.,

Plaintiffs and Appellants, G058664

v. (Super. Ct. No. 30-2019-01043724)

GOLDEN RAIN FOUNDATION OF OPINION LAGUNA WOODS et al,

Defendants and Appellants.

Appeal from judgments of the Superior Court of Orange County, Ronald L. Bauer, Judge. Affirmed. Jane Doe and Alan Dale Dickinson, in pro. per., for Plaintiffs and Appellants. Pyka Lenhardt Schnaider Dawkins and Fred S. Peters for Defendants and Respondents. * * *

Plaintiffs Jane Doe and Alan Dale Dickinson appeal from a judgment of dismissal following the sustaining of a demurrer without leave to amend, together with a second judgment of dismissal in favor of certain defendants who were dropped from the operative amended complaint. Defendants Golden Rain Foundation of Laguna Woods (GRF), Village Management Services, Inc. (VMS), John Prickitt, Brian Gruner, and Jennifer Murphy demurred to plaintiffs’ entire fourth amended complaint on the ground it was a sham pleading in that it omitted facts alleged in prior iterations of the complaint. Alternatively, these defendants demurred to each cause of action in the fourth amended complaint on the ground that each count failed to state facts constituting a cause of action. Concurrently, defendants Beth Perak, Marcy Sheinwold, Lisa Bender, Siobhan Foster, Laura Cooley, Tim Moy, Joan Milliman, and Dan Kenny moved for dismissal on the ground that they had been named as defendants in earlier iterations of plaintiffs’ complaint, but had been dropped in plaintiffs’ fourth amended complaint. The court sustained the demurrer without leave to amend and granted the motion to dismiss without prejudice. Plaintiffs filed a premature notice of appeal, purporting to appeal from the nonappealable order entered on the day of the hearing, December 9, 2019. Concerned that we lacked jurisdiction to consider the appeal, and not having found a copy of a judgment of dismissal for the demurring defendants in the 1 record supplied by plaintiffs, we augment the record with a copy of the subsequent judgment entered by the trial court on December 17, 2009. A judgment was entered on December 10, 2019 as to the defendants who prevailed on the motion to dismiss. Accordingly, we will construe the appeal as having been taken from these judgments of dismissal. (See Los Altos Golf & Country Club v. County of Santa Clara (2008) 165 Cal.App.4th 198, 202 [appeal taken from order sustaining demurrer liberally construed to