Moore v. Chava
Plaintiff (appellant), an incarcerated state inmate, commenced an action in propria persona against another incarcerated inmate, Jesse Chava (Chava), on September 16, 2005. Plaintiff sought damages for among other things "pain and suffering" and "emotional distress" allegedly sustained on August 8, 2004. In his complaint, plaintiff alleged that "Chava was incited, coerced, compelled, deceived, and forced by LVN Pulido, C/O's Baez, Tsai, and Zamora, to run into plaintiff's cellroom and hit the plaintiff in plaintiff's face with defendant Chava's fist which caused plaintiff to suffer a possible cheek and/or jaw fracture, head injuries, neck injuries, and psychological injuries."
Plaintiff seeks review of an unsigned minute order of the Monterey County Superior Court dated April 19, 2007, dismissing his action without prejudice, which is not an appealable order.[1] Consequently, plaintiff's attempted appeal is subject to dismissal. (Graski v. Clothier (1969) 273 Cal.App.2d 605; Adohr Milk Farms, Inc. v. Love (1967) 255 Cal.App.2d 366, 369; Palazzi v. Air Cargo Terminals, Inc. (1966) 244 Cal.App.2d 190, 192.)
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