Kono

Defendants Shigesato Kono and Koh Noh Shinjyu K.K. have filed a notice of appeal from a judgment entered against them and in favor of plaintiffs S M Trading, Inc. and Kimiaki Ogawa. Plaintiffs have moved to dismiss the appeal as untimely. We have granted the parties’ stipulated application to adjudicate the motion to dismiss prior to reviewing the appeal on the merits. The issue presented is whether a file-endorsed copy of a judgment mailed by a courtroom clerk to the parties constitutes notice of entry of judgment to commence the running of the 60-day period within which to file a notice of appeal. We decide it does not under the circumstances of the case and deny the motion.

Plaintiffs sued defendants for conversion of pearls. After a court trial, the court issued a tentative decision awarding plaintiffs over $450,000 in compensatory and punitive damages. Defendants timely requested a statement of decision. Plaintiffs submitted a proposed statement to which defendants objected. At the end of the hearing on the objections the court stated it wanted to review one thing “and I will then send out my statement of judgment and decision. . . . [fl] . . . Then the matter is…