Citizens for Civic Accountability v. Town of Danville

Consistent with a court order mandating electronic filing and service in this complex litigation matter, the clerk of the court e-mailed the parties a notice that judgment had been filed. The e-mail directed the parties to a Web site where they could sign in and open an electronic copy of the file-stamped judgment. Respondents move to dismiss this appeal because appellant did not file a notice of appeal within 60 days of its receipt of the clerk’s e-mail. We deny the motion and hold that the 60-day appeal period in California Rules of Court, rule 8.104(a)(1) is triggered only by the mailing of a judgment by the United States Postal Service.

Background

Citizens for Civic Accountability (Citizens) petitioned the Contra Costa Superior Court for a writ of mandate and an injunction that would overturn the Town of Danville’s approval of a residential development project. (Citizens for Public Accountability v. Town of Danville (Super. Ct. Contra Costa County, 2008, No. MSN07-1359).) The court designated the matter complex litigation and in October 2007 issued an order mandating electronic filing and service in accordance with the court’s Electronic Case Filing Standing Order…