Legal Question in Civil Litigation in California
judges signature versus stamp
a notice of entry of judgment (on 7/8)ccp 664.6 was sent by party a to party b (party b is pro per) b never received it or knew about. it party b requested notice of entry from clerk to be able to file appeal. sent certified letter to clerk. clerk sent her a notice of entry back. the clerk sent hers on 9/24. party a sent theirs supposedly on 9/17. the judgment order was prepared by party a and signed on 8/4. the on the clerk sent is dated 8/4 and has the hand signature of a different judge for the judge that ruled. the order party a sent had a generic stamp of this other judge that the clerk must have stamped before she got the signing judge's actual signature. party b never knew party a sent a notice until 11/5 opposition of motion to vacate. judge denied motion to vacate based on timeliness saying p[arty a said they sent notice on 9/17. 664 says if party is pro per clerk will send notice of entry of judg. But another party can as well. is there any precedent of a signature over a stamp(non signature stamp just a block print name)to use or anything else as party b appeals this in appeals court? party b was denied trial when judge forced her to settle the day of trial against her will and negotiated without her.
1 Answer from Attorneys
Re: judges signature versus stamp
The issue is "which will trigger the deadline for filing appeal?" Get help with the appeal, call me directly at (619) 222-3504.