Yoo

DISCUSSION

I. The Appeal of the Judgment Is Untimely

The clerk’s service of the notice of entry of judgment on December 11, 2013, began a 60 day period in which the notice of appeal was required to be filed. (Cal. Rules of Court, rule 8.104(a).) If the notice was not filed within that period, we must dismiss the appeal. (Cal. Rules of Court, rule 8.104(b).) The appeal was filed on May 7, 2014, more than 90 days after the period expired. Appellants’ opening brief on appeal does not address in any manner the timeliness of their notice of appeal. They assert in their reply brief that the filing was timely, because the initial period for filing their notice was extended by the filing of a Motion for New Trial, and that the amended judgment was entered prior to that time, starting a new period. Appellants conceded that their initial decision not to file an appeal was intentional: “[t]here was absolutely no reason to file an appeal on a $4,000 judgment, as the cost of appeal would be more.” Appellants argue that there is a split in authority on the question of whether the award of attorney’s fees commences a new period for appeal of the entire judgment, urging this court to follow…