Wednesday, January 7, 2015

What triggers the time for a new trial ruling?

An unpub from 1/5 today here emphasizes a tricky point in post-judgment practice:
If the clerk sends a file-stamped copy of a judgment, does that trigger the time for the trial court to rule on a new trial motion?
Here, the 60-day period for the trial court to rule on Williams’s new trial motion did not begin to run when the clerk served a file-stamped copy of the judgment on January 28, 2013, because the judgment did not affirmatively state notice was given “‘upon order by the court’” or “under Code of Civil Proecedure [sic] section 664.5.” (See Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather Ins. Agency, Inc. (1997) 15 Cal.4th 51, 64 (Van Beurden).) “Service of notice of entry of judgment by the clerk will commence the 60-day period for ruling on the new trial motion only if the clerk’s notice of entry (or a served copy of the judgment) affirmatively states that notice was given ‘upon order by the court’ or ‘under CCP § 664.5.” (1 Eisenberg et al., Cal. Practice Guide: Civil Appeals & Writs (The Rutter Group 2014) ¶ 3:67.1, p. 3-34.)