Powell v. County of Orange
197 Cal. App. 4th 1573
| Cal. Ct. App. | 2011Background
- Powell filed a 2007 complaint against the County of Orange, the Orange County Sheriff, and two deputies alleging civil rights violations and related claims.
- Powell filed an amended complaint in July 2007; Defendants answered in September 2007.
- In September 2009, the court issued an OSC for dismissal for lack of prosecution; Powell’s counsel failed to appear.
- On October 7, 2009, the court dismissed the action for lack of prosecution by an unsigned minute order.
- Powell moved to set aside the dismissal under CCP §473(b) in April 2010; Defendants opposed.
- Powell filed a Motion to Reconsider Denial of the set-aside on June 4, 2010; the court denied it on July 2, 2010; Powell noticed appeal on August 31, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the denial of a motion for reconsideration appealable? | Powell argues the denial is appealable. | Defendants contend such orders are not appealable. | Not appealable. |
| Is an unsigned minute dismissal order effective as a judgment under §581d? | Powell contends the dismissal can be a final judgment despite being unsigned. | Defendants rely on authorities allowing unsigned minute dismissals; but not here. | Unsigned minute dismissal is not a valid final judgment under §581d. |
Key Cases Cited
- Branner v. Regents of Univ. of California, 175 Cal.App.4th 1043 (2009) (reconsideration denial not separately appealable; legislative change later addressed relevance of §1008)
- Association for Los Angeles Deputy Sheriffs v. County of Los Angeles, 166 Cal.App.4th 1625 (2008) (reconsideration denial not appealable)
- Morton v. Wagner, 156 Cal.App.4th 963 (2007) (reconsideration denial not appealable)
- Annette F. v. Sharon S., 130 Cal.App.4th 1448 (2005) (reconsideration denial not appealable)
- Reese v. Wal-Mart Stores, Inc., 73 Cal.App.4th 1225 (1999) (reconsideration denial not appealable)
- Crotty v. Trader, 50 Cal.App.4th 765 (1996) (reconsideration denial not appealable)
- Rojes v. Riverside General Hospital, 203 Cal.App.3d 1151 (1988) (reconsideration denial not appealable)
- Brehm v. 21st Century Ins. Co., 166 Cal.App.4th 1225 (2008) (discussed §581d signing requirement; prefer signed, written dismissal orders)
- Marks v. Keenan, 140 Cal. 33 (1903) (unsigned minute order historically treated with caution)
- E. Clemens Horst Co. v. Federal etc. Co., 22 Cal.App.2d 548 (1937) (historic view on dismissal forms)