Ray v. Peterson
Filed 1/18/13 Ray
v. Peterson CA2/5
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 This opinion has not been
certified for publication or ordered published for purposes of rule 8.1115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
SECOND APPELLATE DISTRICT
DIVISION FIVE
MARGUERITA RAY
et al.,
Plaintiffs and Appellants,
v.
THOMAS K.
PETERSON et al.,
Defendants and Respondents.
B239750
(Los Angeles County
Super. Ct. No.
TC024308)
APPEAL
from an order of the Superior Court of
County, Rose Hom, Judge.
Dismissed.
Law
Offices of Benjamin P. Wasserman and Benjamin P. Wasserman for Plaintiffs and
Appellants.
Ryan,
Datomi & Mosely LLP, Richard J. Ryan, Jeffrey T. Whitney and Dawn Cushman,
for Defendants and Respondents Thomas K. Peterson and Thomas K. Peterson, M.D.,
Inc.
La
Follette, Johnson, De Haas, Fesler & Ames, Louis H. De Haas and David J.
Ozeran, for Defendant and Respondent St. Francis Medical Center.
Defendants, Thomas K. Peterson, M.D.
and his professional corporation, Thomas K. Peterson, M.D., Inc., have moved to
dismiss the purported appeal of plaintiffs, Marguerita Ray and Frederick
Hagen. On January 6, 2012, judgment was entered in favor of a codefendant, St. Francis
Medical Center, and against plaintiffs.
The judgment was signed by the Honorable Rose Hom. On March 5, 2012,
plaintiffs filed a notice of appeal from the January 6, 2012 judgment in favor of the codefendant, St. Francis Medical
Center.
On
April 2, 2012, judgment was entered in favor of defendants against
plaintiffs. On April 17, 2012, defendants mailed a notice of entry of the April 2, 2012 judgment in their favor. The
April 2, 2012 judgment was signed by Judge Lynn D. Olson. Plaintiffs have not filed a notice of appeal
from the April
2, 2012 judgment signed by Judge
Olson.
We
have no jurisdiction over the April 2, 2012 judgment signed by
Judge Olson. We are without jurisdiction
to consider issues not mentioned even inferentially in the notice of
appeal. (
Cal.App.4th 28, 43; Unilogic, Inc.
v. Burroughs Corp. (1992) 10 Cal.App.4th 612, 624-625; Norman I. Krug Real Estate Investments, Inc. v. Praszker (1990) 220
Cal.App.3d 35, 47; Eskaton Monterey
Hospital v. Myers (1982) 134
Cal.App.3d 788, 790; Estate of McManus (1963)
214 Cal.App.2d 390, 394, fn. 1.) Hence, the purported appeal from the April 2, 2012 judgment must be dismissed.
The appeal from the April 2, 2012 judgment is dismissed.
Defendants, Thomas K. Peterson M.D. and Thomas K. Peterson, M.D., Inc.,
shall recover their costs incurred on appeal from plaintiffs, Marguerita Ray
and Frederick Hagen.
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER,
P. J.
We concur:
KRIEGLER,
J.
FERNS,
J.
of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to
article VI, section 6 of the California Constitution.
