Judge: Daniel M. Crowley, Case: BC638858, Date: 2024-05-29 Tentative Ruling

Case Number: BC638858    Hearing Date: May 29, 2024    Dept: 71

            On May 28, 2024, in Department 71, Defendant made an ex parte application for an extension of time within which to brief motions for new trial and for judgment notwithstanding the verdict pursuant to Code of Civil Procedure § 659a.  At the time of the hearing on the application, Defendant’s Notice of Intent to Move for New Trial was due to be filed on May 21, 2024, but the Court’s docket reflected the motion had not yet filed.  After some investigation by the Court’s staff, it was determined that Defendant had attempted to e-file the Notice on May 21 at 3:53 p.m.  The Clerk rejected the Notice, indicating, “Incorrect Document Type was selected.  Must use correct document type ‘Notice of Intent to Move for New Trial.’” The Clerk sent notice of the rejection on May 22, 2024, at 9:20 a.m.  Nine minutes later, at 9:29 a.m., Defendant e-filed a Notice of Intent to Move for New Trial and a Notice of Intent to Move for Judgment Notwithstanding the Verdict.

            The Court deems the Notice of Intent to Move for New Trial and a Notice of Intent to Move for Judgment Notwithstanding the Verdict to have been timely filed.  Code of Civil Procedure section 1010.6(d)(4) states that “Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day.”  A paper is deemed filed when it is presented to the clerk for filing in a form that complies with the California Rules of Court. If a paper is thus presented, the clerk has a ministerial duty to file it. The filing of a defective paper may bring later adverse consequences if timely corrections are not made but cannot be rejected because of a failure to comply with a local rule.  (Carlson v. Dep't of Fish & Game (1998) 68 Cal.App.4th 1268, 1276, 1282.) 

Because here the clerk had no proper basis for rejecting Defendant’s motion, it must be deemed filed when it was presented on May 21, 2024.  (Rojas v. Cutsforth (1998) 67 Cal.App.4th 774, 778.) Therefore, the Court finds that Defendant’s motions were filed on May 21, 2024. 

Turning then, to the ex parte application before the Court, the Court grants the motion based upon the parties’ stipulation.  Defendant may have until June 10, 2024, by which to file its points and authorities in support of its motions.  The Court orders the parties to file a stipulation setting forth the briefing schedule agreed upon by the parties. The Court sets the hearing on Defendant’s motions for New Trial and for Judgment Notwithstanding the Verdict on July 19, 2024, at 8:30 a.m. in Department 78. 

Moving party is to give notice.