Meinhardt

Meinhardt v. City of Sunnyvale

Good Law
Supreme Court of CaliforniaJuly 29, 2024S274147California6,723 words

Opinion

Opinion

Jenkins, J.

Opinion of the Court by Jenkins, J.

California Rules of Court, rule 8.104(a)(1),1 provides that “a notice of appeal must be filed on or before the earliest of: [¶] (A) 60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled ‘Notice of Entry’ of judgment or a filed-endorsed copy of the judgment, showing the date either was served; [¶] (B) 60 days after the party filing the notice of appeal serves or is served by a party with a document entitled ‘Notice of Entry’ of judgment or a filed- endorsed copy of the judgment, accompanied by proof of service; or [¶] (C) 180 days after entry of judgment.” This time limit is jurisdictional: “no court may extend the time to file a notice of appeal” (rule 8.104(b)), and relief cannot be conferred by stipulation, waiver, or estoppel (Hollister Convalescent Hosp. Inc, v. Rico (1974) 15 Cal.3d 660, 666–667). “If a notice of appeal is filed late, the reviewing court must dismiss the appeal.” (Rule 8.104(b).) We granted review in this case to resolve uncertainty about when the time to appeal starts to run in writ of administrative mandate2 proceedings pursuant to section

1 All further rule…

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