Bellospirito v. Pre-Paid Legal Services, Inc. CA4/3

Filed 8/27/20 Bellospirito v. Pre-Paid Legal Services, Inc. CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FRANK BELLOSPIRITO,

Plaintiff and Appellant, G059135

v. (Super. Ct. No. 30-2018-01036145)

PRE-PAID LEGAL SERVICES, INC., OPINION

Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, Deborah C. Servino, Judge. Appeal dismissed. Frank Bellospirito, in pro. per., for Plaintiff and Appellant. Crowe and Dunleavy, Mary P. Snyder, and Jennifer N. Lamirand, for Defendant and Respondent.

* * *

* THE COURT:

Respondent Pre-Paid Legal Services, Inc., moved to dismiss this appeal as untimely and frivolous. We grant respondent’s motion and dismiss the appeal as untimely for the reasons set forth below.

FACTS AND PROCEDURAL HISTORY

In 2018, appellant Frank Bellospirito sued respondent, alleging torts based on respondent’s compliance with Internal Revenue Service levies on funds respondent owed to appellant. On November 15, 2019, the trial court sustained respondent’s demurrer to the first amended complaint without leave to amend. On November 19, 2019, the court entered a judgment of dismissal. Pursuant to a clerk’s certificate of mailing, a copy of the filed judgment was mailed to appellant on November 20, 2019. The certificate, signed by a deputy clerk and appended to the copy of the filed judgment, attested: “I certify that I am not a party to this cause. I certify that a true copy of the above Judgment dated 11/19/19 has been placed for collection and mailing so as to cause it to be mailed in a sealed envelope with postage fully prepaid pursuant to standard court practice and addressed as indicated below. This certification occurred at Santa Ana, California on 11/19/19. Following standard court practice the mailing will occur at Sacramento, California on 11/20/19.” On December 17, 2019 and January 2, 2020, appellant filed documents disagreeing with the court’s demurrer ruling (entitled by appellant as “Misapplication of Authority and Law; Plaintiff demanding to be heard” and “Objection filed 12/2/19