A default judgment was entered against husband and wife, the landlords in the landlord/tenant dispute in Phillips v. Wang (D1d2 May 25, 2022 no. A162181) 2022 WL 1658076. Husband filed a notice of appeal. But husband didn’t put his wife’s name on the notice. And wife didn’t file one of her own.
The plaintiff noted this, and moved to dismiss the appeal as to wife. Filing a notice of appeal, the plaintiff argued, is the price of admission to the Court of Appeal.
The Court of Appeal disagreed, citing the doctrine of liberality in interpreting a notice of appeal and the Supreme Court’s opinion in K.J. v. Los Angeles Unified School Dist. (2020) 8 Cal.5th 875.
The doctrine of liberality is an exception to the ordinary rule that “appellate jurisdiction cannot be a matter of appellate discretion.” (Quest Internat., Inc. v. Icode Corp. (2005) 122 Cal.App.4th 745, review granted Jan. 19, 2005.) Even if you didn’t file a timely notice of appeal, as long as someone else did, you might be able to slip past the doorman.