Garg
Garg v. Garg
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
On April 4, 2022, judgment was entered following a bench trial. The case involves a family dispute over real property. The portion of the judgment most relevant to this appeal is an award of $665,000 in damages to respondent due to financial elder abuse. On April 6, 2022, respondent electronically served notice of entry of judgment (accompanied by a file-stamped copy of the judgment) on trial counsel for appellants. Appellants concede that electronic service of the notice of entry of judgment was authorized (rule 8.104(a)(2)) and that the notice of appeal was therefore due sixty days later, i.e., June 6 (rule 8.104(a)(1)(B)). On May 23, 2022, appellants electronically served a notice of appeal on respondent. However, a notice of appeal was not actually filed by a superior court clerk until June 21 — 15 days too late. On June 29, 2022, appellants filed a motion in the trial court, requesting an order filing the notice of appeal on May 23 “nunc pro tunc” (which translates as “now for then”). The motion cites rule 8.77(d) as authorizing the relief sought. Trial counsel
3 Stuart L. Wallach and legal assistant Deborah Anne filed declarations in support of…