DCM Construction v. Mohammadian
Filed 3/8/06 DCM Construction v. Mohammadian CA1/5
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| DCM CONSTRUCTION & SERVICES, INC., Plaintiff and Respondent, v. MEDHI MOHAMMADIAN et al., Defendants and Appellants. |
A108241 A109393
(Alameda County Super. Ct. No. CV020566-5) |
This is a consolidated appeal by defendants Mehdi and Fereshteh Mohammadian (collectively, the Mohammadians) from a judgment for plaintiff DCM Construction & Services, Inc. (DCM) on DCM's complaint and the Mohammadians' cross-complaint, and certain postjudgment orders. We conclude the appeal is premature and dismiss.
In May 2001, DCM sued the Mohammadians for breach of contract and foreclosure of a mechanic's lien.[1] In June 2001, the Mohammadians responded with a cross-complaint[2] against DCM and Neff Rental, Inc. (Neff).[3] The cross-complaint's first five causes of action for breach of contract, negligence, contractual indemnity, cancellation of instrument and misrepresentation were alleged solely against DCM. The cross-complaint's sixth and seventh causes of action for slander of title and cancellation of instrument were alleged solely against Neff. The eighth cause of action for civil conspiracy was alleged against both DCM and Neff.
In April 2003, prior to trial, the cross-complaint's sixth, seventh and eighth causes of action were severed â€
