People Ex Rel. Department of Transportation v. Cherry Highland Properties

1. Introduction

This appeal raises the issue of what triggers the 60-day period within which a motion for new trial must be determined. In this action the State of California (State) condemned property owned by Cherry Highland Properties, a general partnership (Cherry).

After the jury verdict, Cherry applied for and was granted a new trial by the trial court on the issue of severance damages. The State contends that the time within which to grant that motion had expired, relying upon Code of Civil Procedure section 660.

Section 660 provides, in part, that “the power of the court to rule on a motion for a new trial shall expire 60 days from and after the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 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, or if such notice has not theretofore been given, then 60 days after filing of the first notice of intention to move for a new trial.”

The clerk gave no notice of entry of judgment. Cherry gave notice of the entry of judgment on July 8, 1998, which it filed on July 20, 1998, the same day it…