Patterson v. Laings First Edition-Ontario Center HOA CA4/2 (2022) · DecisionDepot
Patterson v. Laings First Edition-Ontario Center HOA CA4/2
California Court of Appeal Oct 19, 2022 No. E078131Unpublished
Filed 10/19/22 Patterson v. Laings First Edition-Ontario Center HOA CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO
REGENA M. PATTERSON,
Plaintiff and Appellant, E078131
v. (Super.Ct.No. CIVDS1609944)
LAINGS FIRST EDITION-ONTARIO OPINION CENTER HOA,
Defendant and Respondent.
APPEAL from the Superior Court of San Bernardino County. Janet M. Frangie,
Judge. Dismissed.
Regena M. Patterson, in pro. per., for Plaintiff and Appellant.
Tinnelly Law Group, Cang N. Le, and Joshua D. Mendelsohn for Defendant and
Respondent.
Plaintiff Regena Patterson filed a notice of appeal purporting to appeal from an
order denying her motion to vacate the judgment dismissing her lawsuit against Laing’s
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First Edition–Ontario Center Homeowners Association (Laing’s). We conclude the notice
of appeal is untimely and dismiss the appeal for lack of jurisdiction.
Applying these rules here, if we construe the November 30, 2021 notice as
appealing from the judgment, Patterson was required to file her notice of appeal by July
9, 2021. That date is 60 days after May 10, 2021, when Laing’s served Patterson with the
notice of entry of the judgment. (Rule 8.104(a)(1)(B).) November 30 is well past that 60-
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day deadline; it’s even past the 180-day deadline, which, had it applied, would have
fallen on November 6.
The deadline to appeal is the same—July 9, 2021—even if we construe the notice
of appeal as appealing from either of the orders denying Patterson’s unsuccessful
postjudgment motions. This is because Patterson filed both motions late and therefore the
extensions in rule 8.108 do not apply.
A motion to vacate the judgment must be filed within 15 days of service of the
notice of entry of judgment (May 10, 2021). (§ 663a, subd. (a).) In order to be timely,
Patterson’s motion needed to be filed by May 25, 2021, but she didn’t file it until July 19,
2021. And Patterson’s motion to reconsider was even later. Such motions must be filed
within 10 days of the notice of entry of the relevant order, which here was January 21,
2021—the date Laing’s served Patterson with notice of entry of the order granting
summary judgment. (§ 1008, subd. (a).) Patterson didn’t file the motion until nearly 10
months later, on October 8, 2021.
We conclude Patterson’s appeal is untimely no matter how we construe her notice
of appeal and that neither of her postjudgment motions extended the deadline to appeal.
As a result, we have no jurisdiction to consider the merits of her challenge and must
dismiss the appeal.
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III
DISPOSITION
We dismiss the appeal as untimely. In the interests of justice, the parties shall bear
their own costs on appeal. (Rule 8.278(a)(5).)
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
SLOUGH J.
We concur:
CODRINGTON Acting P. J.
RAPHAEL J.
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AI Brief
AI-generated · verify before citing
Holding. The court dismissed the appeal for lack of jurisdiction because the appellant failed to file a timely notice of appeal and her post-judgment motions were untimely, failing to extend the jurisdictional deadline.
Issues
Whether the notice of appeal was filed within the jurisdictional time limits.
Whether the appellant's post-judgment motions extended the time to file a notice of appeal.
Disposition. dismissed
Quotations verified verbatim against the opinion
“We conclude the notice of appeal is untimely and dismiss the appeal for lack of jurisdiction.”
“The time for appealing a judgment is jurisdictional; once the deadline expires, the appellate court has no power to entertain the appeal.”
“We conclude Patterson’s appeal is untimely no matter how we construe her notice of appeal and that neither of her postjudgment motions extended the deadline to appeal.”