News & Publications

Jan 13, 2016 Alana H. Rotter
Alana Rotter discusses two new decisions on calculating key post-trial and appellate deadlines in a front-page Daily Journal guest column

California courts have the power to extend some deadlines for filing documents or deciding motions, but others are firm – courts cannot extend them, and the failure to comply with them deprives the court of jurisdiction to rule. Deciding a matter of first impression, Garibotti v. Hinkle, 2015 DJDAR 13859 (Dec. 29, 2015) held that the trial court cannot extend its time to rule on a motion to vacate the judgment under Code of Civil Procedure section 663a, and reversed an order vacating the judgment on that basis. Alana Rotter discusses Garibotti and another recent decision on what triggers the clock for filing a notice of appeal (another non-extendable deadline) in a January 13, 2016 column featured on the front page of the Daily Journal.