Appeal of a trial court order granting in part and denying in part defendants’ special motion to strike plaintiff’s race and age discrimination claims is dismissed where: 1) plaintiff’s notice of appeal was untimely filed under California Rules of Court 8.104(a), and his motion to reconsider both failed to comply with the procedural requirements of Code of Civ. Pro. sec. 1008 (a) and was invalid as it did not contain an affidavit or declaration in support of the motion; 2) defendant’s cross-appeal is untimely and must be dismissed; and 3) the order denying plaintiff’s motion for reconsideration was not appealable.
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Appellate InformationAPPEAL from a judgment of the Superior Court of Yolo County, Doris L. Shockley, Judge. Dismissed.THIRD APPELLATE DISTRICTFiled July 14, 2009
JudgesBefore SIMS, Acting P.J., RAYE, J., CANTIL-SAKAUYE, J.Opinion by the Court
CounselFor Plaintiff: Mary-Alice Coleman.
For Defendant: Michael T. Lucey, George A. Acero and Gordon & Rees.
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