Petrini v. Simon CA6
CourtCalifornia Court of Appeal
Date FiledNovember 2, 2026
DocketH053456
StatusUnpublished
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Full Opinion
Filed 11/2/26 Petrini v. Simon CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
KATRINA P. PETRINI, H053456
(Santa Clara County
Plaintiff and Appellant, Super. Ct. No. 25CV461524)
v.
SCOTT SIMON, et al.,
Defendants and Respondents.
Plaintiff and appellant Katrina P. Petrini appeals the trial court’s denial of an ex
parte application for an injunction. Petrini’s notice of appeal specifies that she is
appealing from an order issued on June 30, 2025 (June 30 order), but in her opening brief
she indicates that the “[p]recise [o]rder” being appealed is dated June 6, 2025. Because
an order from June 6 is not mentioned in the notice of appeal, we are without jurisdiction
to consider any such order, and because Petrini does not address the June 30 order in her
opening brief, she fails to meet her appellate burden to show error. Accordingly, we
affirm.
I. BACKGROUND
Petrini filed a complaint against defendants and respondents Scott Simon and
Simon Group Consulting, Inc. (defendants) in March 2025 for wrongful termination and
retaliation. She alleged that defendants terminated her employment while she was on
approved family leave, and that defendants retaliated against her by, among other things,
issuing an untrue and defamatory termination letter, filing complaints with the
Employment Development Department to prevent her from receiving unemployment
benefits, circulating a defamatory letter relating to her work experience, and filing
additional cases against her and against her husband and his companies. She prayed for
damages in the amount of $125,000,000.
Petrini filed several ex parte applications for a preliminary injunction in the trial
court. As is relevant here, Petrini filed a “Notice of Ex Parte Application for Injunction”
on June 4, 2025. The trial court issued a written order denying the application on June 9,
stating: “Plaintiff’s ex parte application for injunction is DENIED. Plaintiff failed to
establish a liklihood [sic] of prevailing on the merits of the claim for which she seeks
injunctive relief.” The order was filed on June 10.
On June 25, 2025, Petrini filed a new document entitled “Plaintiff’s 4th Amended
Notice of Ex Parte Application for Injunction.” The trial court denied this application in
an order signed and filed on June 30, again stating: “Plaintiff’s ex parte application for
injunction is DENIED. [P]laintiff failed to establish a liklihood [sic] of prevailing on
[the] merits of the claim for which she seeks injunctive relief.”
Petrini appealed “regarding the order denying Plaintiff’s 4th Amended Ex Parte
Application for Injunction issued on June 30, 2025.”
II. DISCUSSION
Defendants argue that we lack jurisdiction to consider any order other than the one
issued by the trial court on June 30, 2025, because only the June 30 order was identified
by Petrini in the notice of appeal. Even if defendants had not raised the issue, we would
be obligated to consider the question of our appellate jurisdiction sua sponte. (Wong v.
Dong (2025) 112 Cal.App.5th 109, 114; Jennings v. Marralle (1994) 8 Cal.4th 121, 126.)
Although we have jurisdiction generally to consider an appeal from an order refusing to
grant an injunction (Code Civ. Proc., § 904.1, subd. (a)(6)), we agree with defendants that
we are without jurisdiction here to consider an order not specified in the notice of appeal.
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Furthermore, we are unable to undertake a review of the June 30 order because Petrini’s
appellate brief provides no argument related to that order.
A. Notice of Appeal
A notice of appeal “is sufficient if it identifies the particular judgment or order
being appealed.” (Cal. Rules of Court, rule 8.100(a)(2).) Further, “we must liberally
construe a notice of appeal in favor of its sufficiency.” (In re J.F. (2019) 39 Cal.App.5th
70, 75 (J.F.); Cal. Rules of Court, rule 8.100(a)(2).) Doing so “ ‘ “protect[s] the right of
appeal if it is reasonably clear what [the] appellant was trying to appeal from, and where
the respondent could not possibly have been misled or prejudiced.” ’ [Citations.]” (J.F.,
at pp. 75–76, italics omitted.)
However, the rule favoring liberal construction of notices of appeal is subject to a
well-established limitation. “ ‘ “[W]here several judgments and/or orders occurring close
in time are separately appealable (e.g., judgment and order awarding attorney fees), each
appealable judgment and order must be expressly specified—in either a single notice of
appeal or multiple notices of appeal—in order to be reviewable on appeal.” ’ [Citations.]
The policy of liberally construing a notice of appeal in favor of its sufficiency (Cal. Rules
of Court, rule 8.100(a)(2)) does not apply if the notice is so specific it cannot be read as
reaching a judgment or order not mentioned at all. [Citations.]” (Filbin v. Fitzgerald
(2012) 211 Cal.App.4th 154, 173 (Filbin).) Stated differently, “ ‘[o]ur jurisdiction on
appeal is limited in scope to the notice of appeal and the judgment or order appealed
from.’ [Citation.] We have no jurisdiction over an order not mentioned in the notice of
appeal. [Citation.]” (Faunce v. Cate (2013) 222 Cal.App.4th 166, 170.) “[W]hen a
notice of appeal manifests a ‘ “clear and unmistakable” ’ intent to appeal only from one
order, we cannot liberally construe the notice to apply to a different, omitted order.
[Citations.]” (J.F., supra, 39 Cal.App.5th at p. 76; accord, Shiver, McGrane & Martin v.
Littell (1990) 217 Cal.App.3d 1041, 1045 [“Despite the rule favoring liberal
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interpretation of notices of appeal, a notice of appeal will not be considered adequate if it
completely omits any reference to the judgment being appealed.”].)
Here, Petrini’s notice of appeal indicates that she is appealing solely from “the
order denying Plaintiff’s 4th Amended Ex Parte Application for Injunction issued on June
30, 2025.” In her opening brief on appeal, however, she addresses a different order.
Under the heading “The Precise Order Being Appealed,” she states that she “appeals
from the trial court’s formal order dated June 6, 2025, which denied Appellant’s
Application for a Temporary Restraining Order and Order to Show Cause Re:
Preliminary Injunction.” The record includes the June 30 order, but the clerk’s transcript
contains no order issued or filed on June 6. Petrini’s reference to a June 6 order appears
instead to denote the “Order on Ex Parte Motion for Injunction,” signed on June 9 and
filed by the trial court on June 10, 2025.1 Petrini’s brief supports this notion since her
record citations are to the June 9 order.
Although similar in language and effect, it is clear that the June 9 and June 30
orders addressed distinct applications for injunctive relief, which Petrini filed on different
days and were addressed separately by the trial court. And the record shows that Petrini
must have understood that the applications were two discrete requests for injunctions,
each of which was ultimately denied in its own order. Indeed, after the June 9 order was
issued, Petrini stated in an email to defendants’ counsel that she would be “filing another
injunction … on Monday, under the same terms that you already opposed.”
Under these circumstances, the question becomes whether we may liberally
construe the notice of appeal to embrace the June 9 order. We conclude that we cannot
do so here because the notice of appeal is “ ‘clear and unmistakable’ ” (J.F., supra,
39 Cal.App.5th at p. 76); it specifies only the June 30 order and makes no mention of a
1 For clarity and consistency, we will refer to this order hereafter as the June 9
order.
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June 6 order or the June 9 order, either by name or by description. But the June 9 order
was separately appealable. (Code Civ. Proc., § 904.1, subd. (a)(6).) “If an order is
appealable, an aggrieved party must file a timely notice of appeal from the order to obtain
appellate review. [Citation.]” (Sole Energy Co. v. Petrominerals Corp. (2005)
128 Cal.App.4th 212, 239; Filbin, supra, 211 Cal.App.4th at p. 173.) A notice of appeal
from one appealable order does not encompass other separately appealable orders. (Sole
Energy, at p. 239.)
In sum, we conclude that because Petrini did not appeal from the order denying
her ex parte application issued on June 9, 2025, we have no jurisdiction to review that
order or any order issued on June 6.2
B. June 30 Order
As we have stated above, we understand Petrini’s discussion in her opening brief
of a June 6 order to instead address the June 9 order denying one of her ex parte
applications. The brief does not contain any argument explaining why the June 30 order
should be reversed; in fact, there is no mention of the June 30 order anywhere in the
brief.
It is a “fundamental principle of appellate procedure that a trial court judgment is
ordinarily presumed to be correct and the burden is on an appellant to demonstrate … that
the trial court committed an error that justifies reversal of the judgment. [Citations.]”
(Jameson v. Desta (2018) 5 Cal.5th 594, 608–609.) To meet this burden, an “appellant
must present meaningful legal analysis supported by citations to authority and citations to
facts in the record that support the claim of error. [Citations.]” (In re S.C. (2006)
138 Cal.App.4th 396, 408.) “ ‘When an appellant fails to raise a point, or asserts it but
fails to support it with reasoned argument and citations to authority, we treat the point as
2 Since Petrini did not file a reply brief, we are left without an explanation for the
discrepancy between her notice of appeal and her opening brief.
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waived.’ [Citation.]” (In re A.C. (2017) 13 Cal.App.5th 661, 672.) Moreover, we must
treat a party who acts as her own attorney like any other party and uniformly apply these
rules of appellate procedure. (County of Sacramento v. Singh (2021) 65 Cal.App.5th 858,
861; Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1247.)
Because Petrini has not met her burden of demonstrating reversible error through
reasoned argument directed to the only order identified in the notice of appeal, we deem
any challenge to the June 30 order to be waived and affirm the order on this ground. We
need not address any other arguments raised by the parties.
III. DISPOSITION
The trial court’s June 30, 2025 order is affirmed. Defendants shall recover their
costs on appeal. (Cal. Rules of Court, rule 8.278(a)(1).)
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______________________________________
Adams, J.
WE CONCUR:
____________________________________
Greenwood, P. J.
____________________________________
Danner, J.
H053456
Petrini v. Simon et al.