Franco

In dismissing this appeal for lack of jurisdiction, we hold that a trial court cannot restart the clock for filing a notice of appeal by vacating and “re-entering” a judgment on the ground that the appellant never received notice of entry of judgment.

Background

On November 30, 2006, the trial court granted defendant’s motion to enforce a settlement agreement, but took under consideration the issue of attorney fees. About two weeks later, the court issued a minute order granting defendant’s motion for attorney fees in the amount of $12,375. On April 10, 2007, defendant served on plaintiff a notice of ruling which stated that the court granted defendant’s motion for an order enforcing the settlement agreement and ordered plaintiff to “immediately pay” to defendant $189,671.50.

Within a week of receiving the notice of ruling, plaintiff filed an objection to the document, stating that the court had not “ordered Plaintiff to immediately pay to Defendant. . . $189,671.50,” nor would such an order have been authorized. Plaintiff pointed out that under Code of Civil Procedure section 664.6, the court can only “enter judgment pursuant to the terms of the settlement” and then…