Friday, March 17, 2023

Receipt not necessary

We know that the time to appeal can be (and usually is) triggered by service of notice of entry. But what if appellant claims he never actually received the notice? Uh, it's long been the law that that doesn't matter! As an unpub from 4/3 puts it:

Receipt of a mailed notice of entry of judgment is not required to trigger the 60-day window to appeal. “[S]ervice is complete at the time the document is deposited in the mail. [Citation.] . . . [T]he sender does not have the burden of showing the notice was actually received by the addressee.” (Sharp v. Union Pacific R.R. Co. (1992) 8 Cal.App.4th 357, 360; see also Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58-59 [upholding validity of notice of entry of default judgment despite failure to include floor or suite number of addressee located in “one of the largest buildings in Los Angeles”].) “[T]he risk of failure of the mail is on the addressee[.]” (Meskell v. Culver City Unified School Dist. (1970) 12 Cal.App.3d 815, 824.)