Legal Opinion

ECC Construction, Inc. v. Oak Park Calabasas Homeowners Ass'n

California Court of Appeal

Decided June 9, 2004No. B163108PublishedCited by 6 opinions

1Opinion of the Court

Opinion

SPENCER, P. J.

INTRODUCTION

Defendant Oak Park Calabasas Homeowners Association appealed from a judgment in favor of plaintiff ECC Construction, Inc. Plaintiff moved to dismiss the appeal for lack of jurisdiction, based on an untimely notice of appeal. We hold the notice of appeal was timely and deny the motion.

FACTS

Judgment in this case was entered on August 5, 2002. That same day, plaintiff served notice of entry of judgment. On the following day, August 6, 2002, defendant filed a voluntary petition for bankruptcy under chapter 11 of the Bankruptcy Code.

On August 20, 2002, defendant…

2Cases cited17 opinions

  1. Emil Aslanidis v. United States Lines, Inc., United States Lines (s.a.), Inc., United States Lines, Inc., Reorganization Trust, United States Lines (s.a.), Inc., Reorganization Trust, Emil Aslanidis v. Brandeis Intsel & Co., Inc., Brandeis Division of Pechiney World Trade Usa, Inc., John Doe I, John Doe Ii, John Doe Iii, Samancor, Ltd., South African Container Depots, Ltd. And Rennies Freight Services, Ltd., Brandeis Intsel & Co., Inc. And Brandeis Division of Pechiney World Trade Usa, Inc., Third-Party-Plaintiffs v. Samancor, Ltd., South African Container Depots, Ltd. And Rennies Freight Services, Ltd., Third-Party-DefendantsCourt of Appeals for the Second Circuit · 1993
  2. Hollister Convalescent Hospital, Inc. v. RicoCalifornia Supreme Court · 1975
  3. Simon v. NavonCourt of Appeals for the First Circuit · 1997
  4. Siegal v. Superior CourtCalifornia Supreme Court · 1968
  5. Raley v. Lile, Texas Court of Appeals, 10th District (Waco)1993

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3Cited by6 opinions

  1. INCO DEVELOPMENT CORP. v. Superior CourtCalifornia Court of Appeal · 2005
  2. ECC Construction Inc. v. Oak Park Calabasas Homeowners Ass'nCalifornia Court of Appeal · 2004
  3. Lewow v. Surfside III Condominium Owners Ass'n., Inc.California Court of Appeal · 2012
  4. Bauman v. Wells Fargo Bank CA4/1California Court of Appeal · 2021
  5. Bauman v. Wells Fargo Bank CA4/1California Court of Appeal · 2021

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