Reyes v. Kruger (2020)

Citation: Reyes v. Kruger (2020)
Parent Document: Reyes v. Kruger (2020)
Jurisdiction: California (state)
Effective Date: 2020-09-25
Original Source: https://www.courtlistener.com/opinion/4789644/reyes-v-kruger/ ↗

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         For completeness, we note that respondent Rothbard previously challenged the
validity of the motion for new trial by filing a motion to dismiss the appeal, which this
court denied in July 2018. The motion for dismissal asserted various deficiencies in the
notice of intent to move for new trial but did not raise the timeliness issue that we now
address.
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          Section 659 provides that a notice of intention to move for a new trial must be
filed with the court clerk and served on each adverse party either “after the decision is
rendered and before the entry of judgment” (§ 659, subd. (a)(1)), or by the earliest of
three deadlines: (1) within 15 days of “the date of mailing notice of entry of judgment by
the clerk of the court pursuant to Section 664.5”; (2) within 15 days of service on the
moving party “by any party of written notice of entry of judgment”; or (3) “within 180
days after the entry of judgment.” (§ 659, subd. (a)(2).)

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