Here no motion for new trial or motion to vacate was filed and the question is whether a motion for reconsideration under Code of Civil Procedure section 1008 will extend the time in this case. ) Rule 3 provides that the time within which to file a notice of appeal may be extended if a valid notice of intention to move for new trial or a valid motion to vacate the judgment or to vacate the judgment and enter a new and different judgment is filed. (Rule 2.) Service of a conformed copy of the judgment indicating the judgment book and page on which the judgment has been entered is sufficient notice under rule 2(a). 2 a notice of appeal ordinarily must be filed within 60 days after written notice of entry of judgment has been served. On August 29, 1989, more than 60 days after service of the conformed copy of the judgment but within 30 days after the court denied the motion for reconsideration, plaintiff filed a notice of appeal from the judgment entered on June 19, 1989. On July 5, 1989, plaintiff filed a "Notice of Motion and Motion for an Order Revoking Order Granting Defendant's Third Motion for Summary Judgment Made Pursuant To CCP Section 1008." The court denied this motion on August 16, 1989. A conformed copy of this order and judgment was served on plaintiff on June 22, 1989.fn.
On the second page of this order and judgment, it is noted that the judgment was entered on the date filed, i.e., June 19th, in Judgment Book 144 at page 305. The motion for summary judgment in this case was granted on June 14, 1989, and on June 19, 1989, an "Order Granting Motion For Summary Judgment And Judgment" was signed by the judge and filed. We reverse, finding there are triable issues of fact.īefore reaching the merits of the appeal, we must first determine whether the appeal was timely filed. Plaintiff, Jose Passavanti, appeals from the judgment entered after the court granted defendant's third motion for summary judgment.
J., with Timlin, J., and McDaniel, J.,fn. (Superior Court of Riverside County, Richard V. JOSE PASSAVANTI, Plaintiff and Appellant, v.
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