Dec 14, 2016 Civil Procedure
GMSR obtains dismissal of appeal from summary judgment

Malbrue v. County of Los Angeles, 2016 Cal.App. Unpub. LEXIS 8977.  Plaintiff sued for the wrongful death of his father who died while in police custody.  The court granted summary judgment for GMSR’s client, the County of Los Angeles, after plaintiff failed timely to introduce an expert declaration in opposition to the motion.  Plaintiff filed a motion for relief from the judgment based on attorney error.  The court entered judgment on the summary judgment, then, one month later, denied plaintiff’s motion for relief.  Although plaintiff appealed from the judgment, he raised only issues regarding the later order denying his motion for relief.  The Court of Appeal dismissed the appeal, finding that it had no jurisdiction to address the issues raised in the opening brief because plaintiff had not appealed from that separately appealable order.

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