West
West v. Countrywide Home Loans CA2/1
Opinion
Opinion
DISCUSSION
We review this matter de novo. (Angelucci v. Century Supper Club (2007) 41 Cal.4th 160, 166.) The trial court entered judgment against West because the ruling granting the new trial was made after the 60-day deadline imposed by section 660 had passed. (§ 660 [“the power of the court to rule on a motion for a new trial shall expire . . . 60 days after filing of the first notice of intention to move for a new trial”].) Section 660 dictates that a trial court must rule on a motion for a new trial within a 60-day window. (Collins v. Sutter Memorial Hospital (2011) 196 Cal.App.4th 1, 11.) If the court does not act within this time, “the effect shall be a denial of the motion without further order of the court.” (§ 660, 3d par.) This 60-day deadline is mandatory and jurisdictional. (Collins v. Sutter Memorial Hospital, supra, 196 Cal.App.4th at p. 11; Green v. Laibco, LLC (2011) 192 Cal.App.4th 441, 447-449.) A ruling on a new trial motion after the 60-day window is void as beyond the court’s jurisdiction. (E.g., Uzyel v. Kadisha (2010) 188 Cal.App.4th 866, 899.)
Unless otherwise specified, all citations are to the Code of Civil Procedure.
3 West filed his notice of…