Bryant v. Nesmith
Filed 9/8/08 Bryant v. Nesmith CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT
JAMES C. BRYANT, Plaintiff and Appellant, v. J. NESMITH et al., Defendants and Respondents. | F055836 (Super. Ct. No. 07C0362) OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kings County. Lynn C. Atkinson, Judge.
James E. Bryant, in pro. per., for Plaintiff and Appellant.
Edmund G. Brown, Jr., Attorney General, David S. Chaney, Chief Assistant Attorney General, Rochelle C. East, Assistant Attorney General, Vickie P. Whitney and Misha D. Igra, Deputy Attorneys General, for Defendants and Respondents.
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On June 16, 2008, appellant filed in the Kings County Superior Court a notice of appeal from an ORDER ON DEFENDANTS MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES AND ORDER ESTABLISHING ADMISSIONS issued on June 4, 2008. On August 19, 2008, this court issued an order informing appellant that this court was considering dismissing the appeal on the ground appellant attempts to appeal from a nonappealable order. The order granted appellant leave to file a letter brief addressing the appealability of the June 4, 2008 order. On August 19, 2008, respondents filed a motion to dismiss the appeal on the ground the appeal attempts to appeal from a nonappealable interlocutory discovery order.
Appellant filed a response on August 26, 2008. The response fails to provide any authority to support his contention that the June 4, 2008 ORDER ON DEFENDANTS MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES AND ORDER ESTABLISHING ADMISSIONS is an appealable order.
An ORDER ON DEFENDANTS MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES AND ORDER ESTABLISHING ADMISSIONS is an interlocutory order. Code of Civil Procedure section 904.1 sets forth specific instances in which an interlocutory order may be appealed.[1] An order compelling answers to interrogatories and ordering admissions is not among them.
The appeal is dismissed. Respondents motion requesting imposition of sanctions is denied.
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* Before Vartabedian, Acting P.J., Gomes, J. and Dawson, J.
[1] Code of Civil Procedure section 904.1 provides:
(a) An appeal, other than in a limited civil case, is to the court of appeal. An appeal, other than in a limited civil case, may be taken from any of the following:
(1) From a judgment, except (A) an interlocutory judgment, other than as provided in paragraphs (8), (9), and (11), or (B) a judgment of contempt that is made final and conclusive by Section 1222.
(2) From an order made after a judgment made appealable by paragraph (1).
(3) From an order granting a motion to quash service of summons or granting a motion to stay the action on the ground of inconvenient forum, or from a written order of dismissal under Section 581d following an order granting a motion to dismiss the action on the ground of inconvenient forum.
(4) From an order granting a new trial or denying a motion for judgment notwithstanding the verdict.
(5) From an order discharging or refusing to discharge an attachment or granting a right to attach order.
(6) From an order granting or dissolving an injunction, or refusing to grant or dissolve an injunction.
(7) From an order appointing a receiver.
(8) From an interlocutory judgment, order, or decree, hereafter made or entered in an action to redeem real or personal property from a mortgage thereof, or a lien thereon, determining the right to redeem and directing an accounting.
(9) From an interlocutory judgment in an action for partition determining the rights and interests of the respective parties and directing partition to be made.
(10) From an order made appealable by the provisions of the Probate Code or the Family Code.
(11) From an interlocutory judgment directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds five thousand dollars ($5,000).
(12) From an order directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds five thousand dollars ($5,000).
(13) From an order granting or denying a special motion to strike under Section 425.16.
(b) Sanction orders or judgments of five thousand dollars ($5,000) or less against a party or an attorney for a party may be reviewed on an appeal by that party after entry of final judgment in the main action, or, at the discretion of the court of appeal, may be reviewed upon petition for an extraordinary writ.
