Russo

I. INTRODUCTION

This case presents a situation in which because of deadlines and rules

imposed by the Code of Civil Procedure1 and the California Rules of Court, Rocco, Stella, and Luca Russo (collectively, appellants) are unable to proceed

1 All further statutory references are to the Code of Civil Procedure. with this appeal. Here, appellants filed a complaint for wrongful death of their mother. Defendants Patrick and Meiko Dinneen (collectively, respondents) brought a motion for summary judgment, which the trial court granted. Appellants filed a motion for reconsideration. However, before it could be heard the trial court entered judgment in the case. Entering judgment deprived the trial court of jurisdiction to rule on the pending motion for reconsideration. Apparently aware of this jurisdictional bar to hearing appellants’ reconsideration motion, the trial court attempted to handle the motion by granting appellants’ request to construe it as a motion for new trial. However, when the trial court could get to the motion for new trial, the time to hear it had expired and the motion for new trial was already denied by operation of law. Then, appellants sought to appeal…