Tri-County Elevator Co. v. Superior Court

Petitioner Tri-County Elevator Company, Inc., seeks a

writ of mandate directing respondent Santa Barbara Superior Court to vacate its order denying petitioner’s motion for a new trial and thereafter conduct a hearing for the purpose of ruling on the merits of said motion. We issued an alternative writ.

On March 19, 1982, judgment in favor of real parties in interest and against petitioner was signed and filed. On March 22, 1982, a conformed copy of the judgment showing the date of its filing was mailed to petitioner by the attorneys for real parties. On March 29, 1982, the clerk of respondent court mailed to petitioner a document entitled “Notice of Entry of Judgment/Order” stating that the judgment had been entered on March 19. On April 9, 1982, petitioner filed its notice of intention to move for a new trial. Respondent court denied the motion on the ground that it was filed more than 15 days after the service of a conformed copy of the judgment, which the court determined was sufficient to constitute notice of entry of the judgment.

Code of Civil Procedure section 659 reads in pertinent part: “The party intending to move for a new trial must file with the clerk and…