Escobedo v. County of San Benito CA6
Plaintiff Gabriel Escobedo filed a civil action against defendant County of San Benito and several Doe defendants. Plaintiff later filed an amendment to the complaint under Code of Civil Procedure section 474 substituting Ray Avila and Abraham Arrendondo for Does 1 and 2. Following a motion by defendants Avila and Arrendondo challenging the amendment and seeking dismissal of the case against them, the trial court dismissed Avila and Arrendondo by a signed and filed written order. (See § 581d.) Notice of entry of the dismissal order was served on plaintiff on October 7, 2019. More than 60 days later, on February 14, 2020, plaintiff filed a notice of appeal challenging the dismissal of the individual defendants. We determine that plaintiff’s appeal is untimely, and therefore we will dismiss the appeal.
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