National Advertising Co. v. City of Rohnert Park

Respondent National Advertising Company moves for dismissal of the appeal of appellants, the City of Rohnert Park and City Building Inspector Daniel Logue, on the ground that notice of appeal was not timely filed. Appellants oppose the motion.

On November 4, 1983, judgment was entered granting a peremptory writ of mandate compelling appellants to issue four building permits to respondent for construction of certain outdoor advertising structures, and declaring a certain city ordinance invalid. According to the declaration of respondent’s attorney, Stephen Barbóse, copies of the judgment were personally served on appellant Logue and on Rohnert Park’s City Treasurer on November 7; proofs of that service were filed with the trial court. In addition, according to the declaration of Barbose’s secretary, Leslie Maggio, she hand delivered an endorsed filed copy of the judgment to the office of appellants’ attorney, John D. Flitner, on November 10, 1983, between the hours of 8 a.m. and 5 p.m. She left the copy with the person apparently in charge, after being advised that Flitner was not in. Apparently no separate document labeled notice of entry of judgment was served on either…