Dodge

In this case, we are asked to decide when the 60-day period under Code of Civil Procedure section 660 for ruling on a motion for new trial expired.

Section 660 gives the court power to rule on a new trial motion for “60 days from and after the mailing of notice of entry of judgment by the clerk of the court pursuant to [sjection 664.5 or 60 days from and after service on the moving party by any party of written notice of the entry of the judgment, whichever is earlier . . . .” If no notice of entry is either mailed by the clerk or served by a party, the period is extended: jurisdiction does not run until “60 days after filing of the first notice of intention to move for a new trial.” (§ 660.)

In the case before us, the clerk gave no notice of entry of judgment. Plaintiff served file-stamped copies of the judgment on defense counsel on February 11. Defendants filed their notices of intention to move for a new trial on February 19. The court wrote a letter on April 12 (the 60th day after plaintiff served conformed copies of the judgment), stating it had granted the new trial motions. However, the court did not enter the minute order purporting to grant a new trial until…