Legal Question in Civil Litigation in California
When a judge sustains a demurrer without leave to amend, the defendant's [proposed] judgment of dismissal is later signed and filed-stamped by the court, and then the defendant obtains a copy and serves Plaintiff with it.
I've read in some appellate authorities that a Defendant must state in the document (the five words): NOTICE OF ENTRY OF JUDGMENT, for it to be valid.
If the defendant sends a document titled NOTICE OF RULING, or NOTICE OF JUDGMENT, do those stand legit, for appealable reasons?
Since, defendant didn't include the word ENTRY, does it make it invalid a bit.
I know, that if defendant doesn't send the NOTICE OF ENTRY OF JUDGMENT, then plaintiff will have 180 days to appeal (if there are grounds to appeal), from the date that the JUDGMENT was signed by the judge and entered in the court's file-docket.
1 Answer from Attorneys
It doesn't have to do with validity. In order to be entitled to shorten the time for an aggrieved party to timely appeal a judgment, a party should serve a document titled "notice of entry" of judgment. How much the time is shortened depends on whether it is an appeal from a limited civil case, or an unlimited civil case.
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