Lavine v. Jessup

Respondents have moved to dismiss plaintiff’s appeal on the ground that the notice was filed more than 60 days after entry of the appealable judgment or order. (Rules on Appeal, rule 2.)

The action commenced by plaintiff was a taxpayer’s suit against various defendants including members of the Board of Supervisors of Los Angeles County. The complaint sought damages, restitution of public money, an injunction and other kinds of relief. Demurrers to the first four complaints were sustained with leave to amend. After the fifth (fourth amended) complaint was filed, certain defendants (respondents…