Stankie v. Chipman CA2/5
Plaintiff, Dennis J. Stankie, purports to appeal from the January 25, 2016 denial of a motion to correct or cancel the judgment resulting from a small claims appeal. (Code Civ. Proc., § 116.725. ) Plaintiff filed the motion to correct or cancel the judgment as a mandate proceeding. We have a duty to raise issues concerning our own jurisdiction on our own motion. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126; Olson v. Cory (1983) 35 Cal.3d 390, 398.) Thus, we issued an order to show cause and permitted the parties to argue the dismissal issue. We conclude plaintiff cannot appeal to the Court of Appeal from the January 25, 2016 denial of his motion to correct or cancel the judgment.
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