Helfer v. Hubert

Plaintiffs are appealing from a summary judgment which was granted on the ground that the action is barred by the statute of limitations. The notice of appeal states that plaintiffs appeal from the minute order granting the motion for summary judgment. Since the minute order is not appealable (Chilson v. P. G. Industries, 174 Cal.App.2d 613, 616 [344 P.2d 868]), we will apply the rule that "A notice of appeal shall be liberally construed in favor of its sufficiency” (Cal. Rules of Court, rule 1 * ) and construe the notice to be what plaintiffs should have made it, namely, an appeal from the…