Judge: H. Jay Ford, III, Case: 19SMCV01515, Date: 2023-08-31 Tentative Ruling

Case Number: 19SMCV01515    Hearing Date: August 31, 2023    Dept: O

  Case Name:  Garcia v. UCLA, The Regents of the University of California, et al.

SUBJECT:                 MOTION FOR NEW TRIAL  

MOVING PARTY:   Plaintiff Rocio Garcia

RESP. PARTY:         Defendant The Regents of the University of California, erroneously sued as UCLA

TENTATIVE RULING

            Plaintiff Rocio Garcia’s Motion for New Trial is DENIED.

Pursuant to CCP §657, Plaintiff moves to vacate the Court’s 11-1-12 order granting summary judgment and demands that a jury trial be held on her claims.  CCP §657 allows for the Court to vacate a verdict or “any other decision” and to grant a new or further trial.  CCP §657 is subject to the 75-day jurisdictional deadline set forth in CCP §660(c). 

“Except as otherwise provided in Section 12a of this code, the power of the court to rule on a motion for a new trial shall expire 75 days after the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5 or 75 days after service on the moving party by any party of written notice of entry of judgment, whichever is earlier, or if that notice has not been given, 75 days after the filing of the first notice of intention to move for a new trial. If the motion is not determined within the 75-day period, or within that period as extended, the effect shall be a denial of the motion without further order of the court.”  CCP §660(c).

There is, in effect, a 75–day limit on the trial court's power to grant a new trial. During the 75 days, the court can either grant or deny a new trial motion; but thereafter, the motion is denied by operation of law.  See CCP § 660(c)(60-day deadline extended to 75-days per amendment effective on 1-1-9); Dodge v. Sup.Ct. (Casper's Concrete Cutting, Inc.) (2000) 77 Cal.App.4th 513, 517–518.  This time period is jurisdictional.  See Westrec Marina Mgt., Inc. v. Jardine Ins. Brokers Orange County, Inc. (2000) 85 Cal.App.4th 1042, 1049 (order entered on 61st day after entry of judgment reversed for lack of jurisdiction)(applying prior version of statute imposing 60-day deadline).

            The Court lacks jurisdiction to issue any order on this motion except to deny it.  The motion is being heard more than 75 days after UCLA served notice of entry of judgment on Plaintiff on 11-21-22.  The motion is being heard on 8-24-23, 270 calendar days after UCLA served Plaintiff with the notice of entry of judgment.