Fan v. City of Newport Beach CA4/3

Filed 8/23/22 Fan v. City of Newport Beach 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

YAXIAN FAN,

Plaintiff and Appellant, G060429

v. (Super. Ct. No. 30-2019-01072057)

CITY OF NEWPORT BEACH, OPI NION

Defendant and Respondent.

Appeal from a judgment and postjudgment order of the Superior Court of Orange County, Glenn R. Salter and Stephanie George, Judges. Dismissed. Respondent’s motion to dismiss appeal. Granted. Appellant’s request to provide supplemental briefing. Denied. Yaxian Fan, in pro. per., for Plaintiff and Appellant. KER Legal Group and Keith E. Rodenhuis, for Defendant and Respondent.

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Yaxian Fan appeals from: (1) a judgment of dismissal following the trial court’s order granting respondent City of Newport Beach’s motion for summary judgment; and (2) from a postjudgment order denying her motion to vacate the judgment of dismissal. Newport Beach (The City) filed a motion to dismiss the appeal. As explained below, Fan failed to timely notice an appeal from the judgment of dismissal, and she fails to present any intelligible argument the superior court erred in denying her 1 motion to vacate. Accordingly, we dismiss the appeal. I FACTUAL AND PROCEDURAL BACKGROUND On May 24, 2019, Fan filed a complaint against the City, and the matter was assigned to Judge Glenn R. Salter. The complaint is not in the record. However, from other documents in the record, we can infer that the complaint alleged Fan suffered a broken left arm and left heel when she jumped off a lifeguard tower in Marina Park. The complaint alleged the City did not post warning signs and failed to properly maintain the sand around the lifeguard tower by having “fluff sand” with a minimum depth of 12 inches and raking the sand daily to meet “national council safety requirements.” The City filed a motion for summary judgment or adjudication. The motion is not in the record. Nor is Fan’s opposition to the summary judgment motion, if any. On December 3, 2020, the court, Judge Stephanie George presiding, granted the City’s summary judgment motion, and the following day, the City provided Fan with notice of the ruling. On March 3, 2021, the trial court entered judgment on Fan’s