Alan v. American Honda Motor Co.
California Supreme Court
152 P.3d 1109 (2007)
Keith Alan (plaintiff) sued American Honda Motor Co., Inc. (Honda) (defendant) and moved to certify a nationwide class. The trial court denied the motion. On January 2, 2003, the clerk mailed two documents in a single envelope to the parties. The first document was titled “Statement of Decision Re: Alan’s Motion for Class Certification.” This first document was file-stamped. The second document was a minute order from the trial court titled “Ruling on Submitted Matter/Motion for Class Certification.” The second document was not file-stamped, but it did contain a sentence stating the date when the two documents were mailed. On January 21, 2003, Honda served a document titled “Notice of Entry of Order and Statement of Decision Denying Class Certification” on Alan. Alan then filed a notice of appeal on March 6, 2003. The notice of appeal was filed 63 days after the clerk mailed the documents to the parties and 44 days after Honda served the notice of entry on Alan. Honda filed a motion to dismiss the appeal as untimely. The Court of Appeal granted the motion, and Alan petitioned the California Supreme Court for review.
Rule of Law
Holding and Reasoning (Werdegar, J.)
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