Moon v. McFarland
Filed 2/28/08 Moon v. McFarland CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION ONE
A. D. MOON, Plaintiff and Appellant, v. ANTHONY McFARLAND et al., Defendants and Respondents. | B198034 (Los Angeles County Super. Ct. No. GC036301) |
APPEAL from an order of the Superior Court of Los Angeles County, C. Edward Simpson, Judge. Dismissed.
A. D. Moon, in pro. per., for Plaintiff and Appellant.
Williams Law Group and John M. Williams, Jr., in pro. per., and for Defendants and Respondents.
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In January 2005, A. D. Moon sued Anthony and Micheline McFarland and their lawyer, John M. Williams, Jr., for damages arising out of a commercial lease dispute. In June 2006, the McFarlands and Williamss demurrers to Moons third amended complaint were sustained without leave to amend (but the record does not disclose whether a judgment of dismissal was entered).
In September, Moon (who has represented himself throughout these proceedings) filed requests for the entry of the defendants defaults, which the clerk entered as to the McFarlands but not as to Williams. On February 26, 2007, the trial court granted the McFarlands motion to vacate their defaults, noting that the case had been disposed of in June 2006 when the demurrers were sustained without leave to amend, and that the McFarlands defaults had been inappropriately entered in view of the [d]emurrer being sustained. On March 26, 2007, Moon filed a notice of appeal from the appealable orders/Judgments entered on February 26, 2007.
DISCUSSION
An order granting a motion to vacate a default where no judgment has been entered is not an appealable order. (Misic v. Segars (1995) 37 Cal.App.4th 1149, 1154; Veliscescu v. Pauna (1991) 231 Cal.App.3d 1521, 1523, fn. 1; Jennings v. Marralle (1994) 8 Cal.4th 121, 126.)
DISPOSITION
The appeal is dismissed. The McFarlands and Williams are awarded their costs.
NOT TO BE PUBLISHED.
VOGEL, Acting P.J.
We concur:
ROTHSCHILD, J.
JACKSON, J.*
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*Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
