Ramirez

This is an attempted appeal from a judgment in favor of defendants Eduardo D. Moran et al. and against plaintiff Jose G. Ramirez, after a court trial in an action for declaratory relief and to quiet title. Moran contends the appeal should be dismissed because it was not timely filed. We agree and dismiss the appeal.

The judgment in question was entered on June 20, 1986. The next day, Moran’s attorney mailed a conformed copy to Ramirez’s attorney. On July 29, 1986, Ramirez filed a notice of motion to vacate judgment in which he sought a new trial. On August 19, 1986, the judge sitting in the civil law and motion department of the superior court removed Ramirez’s motion from the calendar saying that pursuant to Code of Civil Procedure section 661, a motion for new trial should be heard and determined by the judge who presided at the trial. The August 19th court minutes reflect “Counsel for plaintiff is directed to re-file and re-notice for motion to be heard before Judge Montgomery [the trial judge].’’ On September 17, 1986, Ramirez filed a notice of appeal.

Discussion

I

Did Ramirez file a motion to vacate judgment or a motion for a new trial?

In his July 29, 1986,…