Passavanti

Plaintiff, Jose Passavanti, appeals from the judgment entered after the court granted defendant’s third motion for summary judgment. We reverse, finding there are triable issues of fact.

I

Timeliness of the Appeal

Before reaching the merits of the appeal, we must first determine whether the appeal was timely filed. The motion for summary judgment in this case was granted on June 14, 1989, and on June 19, 1989, an “Order Granting Motion For Summary Judgment And Judgment” was signed by the judge and filed. On the second page of this order and judgment, it is noted that the judgment was entered on the date filed, i.e., June 19th, in Judgment Book 144 at page 305. A conformed copy of this order and judgment was served on plaintiff on June 22, 1989.

On July 5, 1989, plaintiff filed a “Notice of Motion and Motion for an Order Revoking Order Granting Defendant’s Third Motion for Summary Judgment Made Pursuant To CCP Section 1008.” The court denied this motion on August 16, 1989. On August 29, 1989, more than 60 days after service of the conformed copy of the judgment but within 30 days after the court denied the motion for reconsideration, plaintiff filed a notice of appeal…