West v. Cranmer — 220 Cal. App. 2d 265

Majority

p. 265

[Civ. No. 7208.

Fourth Dist.

Sept. 16, 1963.]

EDITH WEST, Plaintiff and Appellant, v. WAYNE L. CRANMER, Defendant and Respondent.

Jack G. Whitney for Plaintiff and Appellant.

Kaminar, Sorbo, Andreen, Thorn & Gallagher and Gerald L. Christensen for Defendant and Respondent.

The plaintiff, by a third amended complaint, sought recovery of damages for breach of eon[1]

p. 266

tract. One of the defendants moved for a summary judgment. Thereafter the motion was granted by an order entered in the minutes of the court under date of May 25, 1962. The minute order did not direct that a written order be prepared, signed and filed. Nevertheless, under date of May 29, 1962, a written order granting the motion was signed and filed. However, the entry in the minutes constituted the effective order in the premises. (Herrscher v. Herrscher, 41 Cal.2d 300 , 304 [ 259 P.2d 901 ]; Gwinn v. Byan, 33 Cal.2d 436 , 437 [ 202 P.2d 51 ].)

The record at hand does not disclose any judgment was entered upon the order made.

On July 25, 1962, which was 61 days after the minute order of May 25, 1962, was made, the plaintiff appealed from the written and signed order dated May 29, 1962. Whether the order of May 25, 1962, was entered in the permanent minutes of the court on a day other than the date of its making, does not appear. (See Cal. Buies of Court, rule 2(a).)^[1]

Although the foregoing facts demonstrate the probable existence of multiple reasons for concluding that this court does not have jurisdiction of the instant appeal, we need only consider the most obvious thereof, vis., that an order granting a motion for summary judgment is not appealable. (Security First Nat. Bank v. Ross, 214 Cal.App.2d 424 , 427 [ 29 Cal.Rptr. 538 ]; Meyer Koulish Co. v. Cannon, 213 Cal.App.2d 419 , 434 [ 28 Cal.Rptr. 757 ]; Adoption of Backhaus, 209 Cal.App.2d 13 , 15 [ 25 Cal.Rptr. 581 ]; Hagan v. Fairfield, 204 Cal.App.2d 1 , 2 [ 21 Cal.Rptr. 923 ]; Chilson v. P. G. Industries, 174 Cal.App.2d 613 , 616 [ 344 P.2d 868 ]; Martelli v. Pollock, 162 Cal.App.2d 655 , 661 [ 328 P.2d 795 ]; Integral Land Corp. v. Anderson, 62 Cal.App.2d 770 , 771 [ 145 P.2d 364 ]; Shea v. Leonis, 29 Cal.App.2d 184 , 190 [ 84 P.2d 277 ]; Bank of America etc. Assn. v. Oil Well Supply Co., 12 Cal.App.2d 265 , 271 [ 55 P.2d 885 ].) An attempted appeal from a nonappealable order must be dismissed by the appellate court on its own motion. (Cole v. Rush, 40 Cal.2d 178 [ 252 P.2d 1 ]; Chapman v. Tarentola, 187 Cal.App.2d 22 , 25 [ 9 Cal.Rptr. 228 ].)

The attempted appeal from the order granting the motion for summary judgment is dismissed.

Griffin, P. J., and Brown (Gerald), J., concurred.

* Formerly Buies on Appeal, rule 2(a).

Cases cited

Herrscher v. Herrscher 41 Cal.2d 300 Cal. 1953-07-28 at 304 p. 266
Gwinn v. Ryan 33 Cal.2d 436 Cal. 1949-02-01 at 437 p. 266
Security First National Bank v. Ross 214 Cal.App.2d 424 Cal. Dist. Ct. App. 1963-03-25 at 427 p. 266
Meyer Koulish Co. v. Cannon 213 Cal.App.2d 419 Cal. Dist. Ct. App. 1963-02-27 at 434 p. 266
Whisler v. Department of Social Welfare 209 Cal.App.2d 13 Cal. Dist. Ct. App. 1962-10-24 at 15 p. 266
Hagan v. Fairfield 204 Cal.App.2d 1 Cal. Dist. Ct. App. 1962-05-22 at 2 p. 266
Chilson v. P. G. Industries 174 Cal.App.2d 613 Cal. Dist. Ct. App. 1959-10-21 at 616 p. 266
Martelli v. Pollock 162 Cal.App.2d 655 Cal. Dist. Ct. App. 1958-08-11 at 661 p. 266
Integral Land Corp. v. Anderson 62 Cal.App.2d 770 Cal. Dist. Ct. App. 1944-02-07 at 771 p. 266
Shea v. Leonis 29 Cal.App.2d 184 Cal. Dist. Ct. App. 1938-11-15 at 190 p. 266
Bank of America National Trust & Savings Ass'n v. Oil Well Supply Co. 12 Cal.App.2d 265 Cal. Dist. Ct. App. 1936-03-04 at 271 p. 266
Cole v. Rush 40 Cal.2d 178 Cal. 1953-01-20 p. 266
Chapman v. Tarentola 187 Cal.App.2d 22 Cal. Dist. Ct. App. 1960-11-30 at 25 p. 266