Lipana v. Centravel CA2/4
CourtCalifornia Court of Appeal
Date FiledOctober 23, 2026
DocketB350251
StatusUnpublished
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Full Opinion
Filed 10/23/26 Lipana v. Centravel CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication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
SECOND APPELLATE DISTRICT
DIVISION FOUR
FERDINAND LIPANA et al., B350251
Plaintiffs and Appellants,
(Los Angeles County
Super. Ct. No. 19STCV05324)
v.
CENTRAVEL, INC.,
Defendant and Respondent.
APPEAL from an order of the Superior Court of Los Angeles County,
Daniel S. Murphy, Judge. Dismissed.
Ferdinand Lipana, in pro. per., for Plaintiff and Appellant.
Bernadine Lipana, in pro. per., for Plaintiff and Appellant.
Eanet, Matthew L. Eanet, Diana Ponce-Gomez for Defendant and
Respondent.
INTRODUCTION
Two judgment debtors appeal the trial court’s denial of their motion to
reconsider their claims of exemption under Code of Civil Procedure section
703.510, et seq. We conclude that the order denying the motion for
reconsideration is non-appealable and dismiss the appeal for lack of
jurisdiction.
FACTUAL AND PROCEDURAL BACKGROUND
Centravel, Inc. (Centravel) brought criminal charges against its former
employee, Ferdinand Lipana (Ferdinand),1 alleging that he embezzled in
excess of $5 million from the company during his employment. Ferdinand
ultimately pled guilty to the criminal charges and was sentenced to over six
years in prison. Centravel also filed a civil action against Ferdinand and his
wife, Bernadine Lipana. The parties settled the civil action. As part of the
settlement, the Lipanas entered into stipulated judgments in Centravel’s
favor totaling approximately $4.5 million.
When Centravel attempted to collect on the stipulated judgments, the
Lipanas filed claims of exemption, asserting that all their earnings were
necessary to support themselves and their family. In response, Centravel
1 As this action involves multiple members of the Lipana family, we refer
to Ferdinand and Bernadine by their first names in the interest of clarity. No
disrespect is intended.
2
filed motions asking the trial court to rule on the Lipanas’ claims of
exemption.
At the hearing on Centravel’s motions, the Lipanas both offered sworn
testimony.2 On October 8, 2025, the trial court entered an order denying the
Lipanas’ claims of exemption. The court concluded that the Lipanas “failed to
produce any evidence substantiating the amounts” stated on their claims of
exemption or establish that all their funds were necessary to support
themselves or their family.
On October 13, 2025, the Lipanas filed a motion for reconsideration,
arguing that their financial circumstances had changed since they filed their
initial claims of exemption. In particular, they noted that Bernadine lost her
job on September 29, 2025, and that Ferdinand was incurring medical
expenses “for insulin and Mounjaro.” In support of their motion, the Lipanas
attached medical bills showing they had paid approximately $1,800 in
medical expenses to date, and had an additional $1,600 in outstanding
medical debt.
Centravel opposed the motion, arguing the Lipanas failed to show new
or different facts justifying reconsideration that could not have been raised
earlier. Centravel also argued that the Lipanas failed to fully disclose
significant assets, including two real estate properties and four luxury
vehicles.
Centravel additionally noted that the Lipanas had significant cash
assets. Financial records showed that the Lipanas withdrew approximately
$45,000 from their checking accounts shortly after Centravel attempted to
enforce the stipulated judgments. Records also indicated that the Lipanas
2 The record on appeal does not include a transcript of these proceedings.
3
received $40,000 from a personal injury settlement. Centravel argued the
Lipanas could not account for the whereabouts of these funds.
Centravel also noted the Lipanas’ purported inability to satisfy the
judgments was belied by evidence that they took multiple luxury vacations
that year to Philadelphia, New Jersey, Indonesia, Japan, and Europe.
Additionally, Centravel presented evidence that the Lipanas gave significant
cash gifts to friends and family.
Centravel’s opposition was accompanied by a declaration from its
counsel attaching documents reflecting the Lipanas’ finances and attesting to
the Lipanas’ testimony at the original hearing on their claims of exemption.
On November 5, 2025, the trial court denied the Lipanas’ motion for
reconsideration, concluding they “failed to show that the amounts claimed
are ‘necessary for the support of the judgment debtor or the judgment
debtor’s family.’ [Citation.]” The court pointed to evidence that the Lipanas
“possess[ed] substantial assets, including multiple vehicles, real property in
California and Arizona, luxury goods, cash kept at home, and a $40,000
personal injury settlement.” The court also noted that the Lipanas were
“unable to explain tens of thousands of dollars in bank transfers” and were
able “to provide cash gifts to friends and family, and to afford extensive
travel.”
On November 6, 2025, the Lipanas filed a notice of appeal, stating they
were appealing from the “November 5, 2025 Order Denying Motion for
Reconsideration of Claim of Exemption.” The trial court’s November 5, 2025,
order was attached to their notice of appeal.
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DISCUSSION
Centravel argues that we lack jurisdiction to entertain this appeal
because the trial court’s November 2025 order denying the motion for
reconsideration is not an appealable order. Centravel is correct that the
“[d]enial of a motion for reconsideration is not an appealable order.” (People
v. Safety National Casualty Corp. (2010) 186 Cal.App.4th 959, 973.)
“However, if the order that was the subject of a motion for reconsideration is
appealable, the denial of the motion for reconsideration is reviewable as part
of an appeal from that order.” (Code Civ. Proc., § 1008, subd. (g).)
Here, the underlying October 2025 order denying the Lipanas’ claims of
exemption was appealable. (Code Civ. Proc., § 703.600.) But the Lipanas’
notice of appeal did not identify the October 2025 order as an order being
challenged on appeal. Instead, the Lipanas’ notice of appeal only stated that
they were appealing the November 2025 order denying their motion for
reconsideration. The trial court’s November 2025 order was the only
document attached to the notice of appeal. In their opening brief on appeal,
the Lipanas expressly stated that they are challenging “the trial court’s
November 5, 2025 order denying their motion to modify and reconsider the
denial of the statutory Claims of Exemption.” And the only arguments raised
in the Lipanas’ opening brief concern their motion for reconsideration.
While we must liberally construe the notice of appeal, “the policy of
liberal construction ‘does not apply if the notice is so specific it cannot be read
as reaching a judgment or order not mentioned at all.’” (In re J.F. (2019) 39
Cal.App.5th 70, 78, quoting Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154,
173.) As the Lipanas’ notice unambiguously states they are only appealing
the November 5, 2025, order, we cannot construe it as reaching the trial
5
court’s underlying October 2025 order. We therefore lack jurisdiction over
this appeal and it must be dismissed.3
Even if we considered the Lipanas’ appeal of the November 5, 2025,
order on the merits, we would affirm.
“A trial court’s ruling on a motion for reconsideration is reviewed under
the abuse of discretion standard.” (New York Times Co. v. Superior Court
(2005) 135 Cal.App.4th 206, 212.) “[I]t is generally accepted that the
appropriate test of abuse of discretion is whether or not the trial court
exceeded the bounds of reason, all of the circumstances before it being
considered.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 987.)
On appeal the Lipanas argue the trial court erred in relying on the
evidence submitted in Centravel’s opposition to their motion for
reconsideration. But to preserve this argument on appeal, the Lipanas had
to object to Centravel’s evidence in the trial court. (See Kabran v. Sharp
Memorial Hospital (2017) 2 Cal.5th 330, 342.) Nothing in the record suggests
that they did so. “[I]f it is not in the record, it did not happen.” (Jameson v.
Desta (2018) 5 Cal.5th 594, 609, fn. 11.) Accordingly, we can only conclude
that the Lipanas have failed to preserve this issue for appellate review.
The Lipanas also argue that the trial court wrongfully ignored evidence
that Bernadine lost her job and that Ferdinand was incurring medical debt.
The record shows the trial court considered this evidence and found that it
failed to establish that all of the Lipanas’ funds were necessary for their
support. The trial court did not abuse its discretion in denying the motion for
reconsideration.4
3 The Lipanas’ request for judicial notice is denied as moot.
4 We also note that the Lipanas have likely forfeited their arguments on
appeal by failing to provide any citations to the record supporting their
factual representations and failing to provide citations to pertinent legal
6
DISPOSITION
The appeal is dismissed for lack of jurisdiction. Centravel is awarded
its costs on appeal.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
ZUKIN, P. J.
We concur:
MORI, J.
DAUM, J.
authority developed through cogent legal argument. (See Yield Dynamics,
Inc. v. TEA Systems Corp. (2007) 154 Cal.App.4th 547, 557; Nwosu v. Uba
(2004) 122 Cal.App.4th 1229, 1246; Cal. Rules Court, rule 8.204(a)(1)(C),
8.204(a)(2)(C).) This forfeiture would separately compel us to affirm the trial
court’s order if we reached the merits of the appeal.
7