Good v. Miller

[474]Opinion

DUARTE, J. Although under certain circumstances we have discretion to permit a premature appeal from a nonappealable order to be treated as timely filed after the ensuing judgment, there is a limit to our willingness to salvage appeals for parties “who ignore the statutory limitations on appealable orders.” (Cohen v. Equitable Life Assurance Society (1987) 196 Cal.App.3d 669, 671 [242 Cal.Rptr. 84].) In this case, plaintiff has exceeded that limit. We publish this case to illustrate that limit, and also to emphasize that it is imperative to appeal from an appealable order.

BACKGROUND

Scott Good sued Patrick Miller and United Truck Insurance Services (collectively Miller), and Sutter Insurance Company (not a party on appeal), alleging a dispute over an insurance policy.

On October 26, 2010, the trial court had granted Miller’s unopposed motions to compel responses to discovery requests, ordering Good to provide “complete responses . . . without objections” no later than November 15, 2010.

On January 5, 2011, Miller sought monetary and terminating sanctions, alleging willful noncompliance with the order compelling discovery.

On May 11, 2011, an order granting terminating sanctions was filed.

On July 11, 2011, Good filed a notice of appeal from that order, mischaracterizing it as an order “dismissing” Miller from the case.

On July 26, 2011, a judgment in favor of Miller was filed.

On August 15, 2011, Miller’s civil appeal mediation statement filed with this court contended that Good’s appeal had been taken from a nonappealable order.

Good’s opening brief, filed on August 3, 2012, under an “Appealability” section, incorrectly asserted that the notice of appeal “was timely filed following the Entry of Judgment in this matter.” (Italics added.)

The first argument in Miller’s respondent’s brief sought dismissal of the appeal on the ground that Good was attempting to appeal from a nonappealable order.

Good’s reply brief failed to respond to this argument.