Brennan

On April 13, 1964, defendant Walter Styffe filed a complaint in the Municipal Court of the Ontario Judicial District, naming plaintiffs herein as defendants. The action was to foreclose a mechanic’s lien against property owned by plaintiffs. Subsequently, plaintiffs filed an action in the Superior Court, San Bernardino County, claiming that defendants herein had breached a construction contract. The two actions were consolidated for trial.

At trial, the motion for a nonsuit made by defendants [plaintiffs herein] in the mechanic’s lien case was granted. No appeal was taken from the judgment subsequently entered.

The action in the superior court wherein the question of whether defendants had breached their construction contract was then submitted to the jury and a verdict was rendered in plaintiffs’ favor with damages found to be $1,200.

Judgment was entered on May 11, 1967, and on May 12, 1967, notice of entry thereof was mailed by the clerk of the court. On May 18, 1967, defendants served notices of motions for a new trial on the ground of insufficiency of the evidence to justify the verdict, and for judgment notwithstanding the verdict, which documents were filed by the county…