Appellate Materials: DYLAN DONNELLY -V- EASTWOOD GARAGE, ETA AL Print

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                                Court of Appeal, Fourth Appellate
                                                                                                                            District,     Two
                                                                                                                                   Division
                                                                                                                        ‘ '

                                                                                                              L'
                                                                                                        Kevin].   .
                                                                                                                            ltive Officer
                                                                                                            '




                                                                                                             on 12/3 [/2020 by
                                                                                             Electronically FILE             C.       Deputy Clerk
                                                                                                                                )anicls,



                                                                                                                            D IN APPEALS DIVISION

                                             COURT      OF   APPEAL -—      STATE OF      CALIFORNIA
                                                                                                                   Route  to U  Judge ECourt File

                                                               FOURTH DISTRICT
                                                                  DIVISION TWO

                                                                       9.3M

                  TWIN CITY FIRE INSURANCE COMPANY,                                       E076227
                        Cross-complainant and Appellant,
                        V.                                                                (SuperCtNo.       CIVDSl702333)
                  AUTO ZONE PARTS,             INC,
                        Cross—defendant and Appellant;                                    The County     of San Bernardino
                  DORMAN PRODUCTS                et a1.,

                        Cross-defendants and Respondents.



                  THE COURT

                           This   court has     reviewed the       civil  case   information      statement filed        December
                  17,  2020,    the  notice    of appeal     filed December         1,  2020,    the  notice    of entry   dated
                  October     5,  2020,    and the    record transcript for       November        6,  2020.     Appellant
                  purports    t0  appeal    from    both:     (1)  a judgment       entered    October     1,  2020,   following
                  an   order   granting    a motion     for judgment notwithstanding the                verdict;    and   (2)  a
                  postjudgment        order   granting     a motion     t0  dismiss    a cross—complaint without
                  prejudice     under    Code    of Civil    Procedure      section    581,   subdivision      (e).    However,
                  appellant     does   not   attach   a copy    of either the judgment          entered    October      1, 2020,    0r
                  the  postjudgment        dismissal     order    granted    0n November         6,  2020.     The    civil  case
                  information       statement form        clearly   instructs    appellants     to  attach   a copy    of the
                  judgment      or  order   appealed.        It is appellant’s     responsibility to       provide    an
                  appealable judgment           or order.      (Jordan     v. Malone      (1992)    5  Ca1.App.4th       18,
                  21-22.)


                           A judgment        signed by the judge         and   file  stamped by       the   court   clerk   is

                  required for     entry    ofjudgment.         (Ten   Eyck    v.  Industrial Forklifts        C0.   (1989)    216
                  Cal.App.3d       540,   544.)     Further,    “[a]11   dismissals     ordered by the       court   shall   be  in
                                                                                                                         .”
                  the  form    0f a written     order   signed by      the  court   and filed     in  the  action    .. .      (Code
                  Civ.   Proc.,   §  581d.)     Therefore,      appellant     is DIRECTED          to  serve   and   file   signed,
                  file-stamped      copies    of both    the judgment       and postjudgment          dismissal     order with
                  the  clerk   of this   court   on  or before     15  days from      the  date   of this   order.     Failure    to

                  comply     will  result   in the   dismissal     of the   appeal.



                                                                                                          RAMIREZ
                                                                                                                   Presiding Justice
                  cc:      See attached    list
                  MAILING LIST FOR CASE:               E076227
                  Twin   City Fire Insurance     Company     V. Auto Zone     Parts,  Inc.; Dorman Products       et a1.




                  Superior Court Clerk
                  San Bernardino County
                  8303   N. Haven Ave
                  Rancho Cucamonga,         CA 91730


                  Nicholas William Davila       / Patrick George Bollig
                  London Fischer LLP
                  2505   McCabe Way,       Suite  100
                  Irvine,  CA 92614


                  Bruce   L. Cleeland
                  Haight Brown      & Bonesteel
                  3880 Lemon      Street,  Suite 410
                  Riverside,   CA 92501


                  Kerry William Franich
                  Severson &     Werson
                  A Professional     Corporation
                  19100 Von Karman Avenue,            Suite 700
                  Irvine,  CA 92612


                  Daniel R.   Friedenthal
                  Friedenthal   Heffernan    &  Brown,    LLP
                  1520 W.    Colorado Blvd.,     Second floor
                  Pasadena,    CA 91 105