Mendones v. Washington Hospital Healthcare System CA1/3

Filed 2/16/22 Mendones v. Washington Hospital Healthcare System CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIRST APPELLATE DISTRICT DIVISION THREE

MARIDOL C. MENDONES, Plaintiff and Appellant, v. A162989

WASHINGTON HOSPITAL (Alameda County HEALTHCARE SYSTEM, Super. Ct. No. HG19013225) Defendant and Respondent.

By her July 2, 2021 notice of appeal, plaintiff and appellant Maridol C. Mendones (Mendones) seeks to appeal from: (1) a February 1, 2021 “judgment of dismissal” entered after an October 21, 2020 order sustaining a demurrer; and (2) a June 10, 2021 “order or judgment.” The record on appeal contains three orders matching the dates mentioned in the notice: (1) a signed October 21, 2020 order sustaining a demurrer to the second amended complaint without and with leave to amend; (2) an unsigned February 1, 2021 order dismissing the action without prejudice; and (3) a signed June 10, 2021 order denying Mendones’ motion for reconsideration of the earlier two orders. As we

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now explain, the appeal in this case must be dismissed as we lack jurisdiction to review the orders. BACKGROUND In April 2019, Mendones filed a complaint against defendant Washington Hospital Healthcare System (WHHS), seeking monetary damages and other relief following the termination of her employment as a registered nurse on May 16, 2018. After two demurrers, the trial court granted leave to file a second amended complaint (SAC). In July 2020, Mendones filed her SAC for monetary damages based on six causes of action: (1) “breach of contract”; (2) “wrongful termination”; (3) “retaliation”; (4) “discrimination”; (5) “professional negligence”; and (6) “defamation.” WHHS again filed a demurrer. On October 21, 2020, the trial court issued a signed order sustaining the demurrer to the SAC (a) without leave to amend the causes of action for breach of contract, wrongful termination, retaliation, and discrimination; (b) with leave to amend the cause of action for professional negligence; and (c) with leave to amend the cause of action for defamation, except that the demurrer was sustained without leave to amend as to an allegation that WHHS purportedly made defamatory comments to the Board of Registered Nursing. The court ordered Mendones to file a third amended complaint (TAC) including only the fifth (professional negligence) and sixth (defamation) causes of action “within 10 court days of the publication of this order.” The court clerk mailed this order to the parties on November 13, 2020. When Mendones failed to timely file a TAC, WHHS moved ex parte to dismiss the action; in response, Mendones filed her TAC. On