Marriage of Abdelbaset and Allen CA4/1

DISCUSSION

A. The Appeal is Timely

The time to appeal is 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.” (Cal. Rules of Court, rule 8.104(a).)3 “The plain language of the rule refers to ‘a document entitled “Notice of Entry” of judgment or a file-stamped copy of the judgment, showing the date either was mailed. . . .’ (Rule 8.104(a)(1),

Undesignated rule references are to the California Rules of Court.

3 italics added.)” (Alan v. American Honda Motor Co., Inc. (2007) 40 Cal.4th 894, 903.) “[T]he required ‘document entitled “Notice of Entry” ’ (rule 8.104(a)(1)) must bear precisely that title, and . . . the “file-stamped copy of the judgment’ [citation] must truly be file stamped.” (Alan, at p. 903.) Husband’s letter brief…