Meier v. Heckel

FOURT, J. This appeal is from the judgment entered after the trial court sustained a demurrer without leave to amend.

Respondents have also filed a motion to dismiss the appeal and such motion must be disposed of prior to any determination on the merits.

[330]The single question before this court on the motion to dismiss the appeal is whether the notice of appeal was timely-made so as to vest jurisdiction in this court.

The chronology of events which occurred in 1959 is as follows:

On June 23, a judgment for defendants (after order sustaining demurrer without leave to amend) was entered.

On July 13 (i.e., 20 days after entry of judgment), a notice of motion to vacate the judgment was filed. The motion to be heard on July 27.

On July 27 (i.e., 34 days after entry of judgment), a minute order denying the motion to vacate the judgment was entered. The motion of plaintiff for an order of continuance and permission to file an amended complaint was also denied.

On July 28 (i.e., 35 days after entry of judgment), a notice of motion for rehearing of motions for setting aside and vacating judgment and continuance and permission to amend complaint was filed. The motion to be heard on August 4.

On August 4 (i.e., 42 days after entry of judgment), a minute order which, among other things, again denied the motion of plaintiff to vacate and set aside the judgment was entered. The motion for a rehearing was granted; and the motion for a continuance and permission to file an amended complaint within 30 days from date was granted.

On September 3 (i.e., 72 days after entry of judgment), a notice of motion of rehearing of motion for setting aside and vacating judgment was filed. The motion to be heard on September 21.

On September 28 (i.e., 97 days after entry of judgment), a minute order denying the motion for order setting aside and vacating the judgment was entered.

On October 13 (i.e., 112 days after entry of judgment), a notice of motion for setting aside and vacating the judgment etc. was filed. The motion to be heard on October 27.