Branner v. Regents of the Univ. of California, No. C061476

Appeal of a trial court order granting in part and denying in part defendants' special motion to strike plaintiff's race and age discrimination claims is dismissed where: 1) plaintiff's notice of appeal was untimely filed under California Rules of Court 8.104(a), and his motion to reconsider both failed to comply with the procedural requirements of Code of Civ. Pro. sec. 1008 (a) and was invalid as it did not contain an affidavit or declaration in support of the motion; 2) defendant's cross-appeal is untimely and must be dismissed; and 3) the order denying plaintiff's motion for reconsideration was not appealable.   

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Appellate Information
APPEAL from a judgment of the Superior Court of Yolo County, Doris L. Shockley, Judge. Dismissed.
THIRD APPELLATE DISTRICT
Filed July 14, 2009

Judges
Before SIMS, Acting P.J., RAYE, J., CANTIL-SAKAUYE, J.
Opinion by the Court

Counsel
For Plaintiff: Mary-Alice Coleman.

For Defendant: Michael T. Lucey, George A. Acero and Gordon & Rees.