Conservatorship of the Person & Estate of Townsend
Annotate this CaseLender appealed from a judgment in favor of petitioner, as conservator of the person and estate of Louise E. Townsend, following a trial before a retired superior court judge appointed as a temporary judge. Petitioner moved to dismiss the appeal because Lender's notice of appeal was not filed within 60 days after service of notice of entry of judgment and Lender's motion to set aside and vacate the judgment submitted to the temporary judge did not extend the time within which to appeal because it was not timely filed with the superior court clerk as required under Cal. Rules of Court 2.400(b)(1), (2) and section 633(a), subdivision (a) of the Code of Civil Procedure. The court concluded that the time to extend the period to appeal is conditioned upon filing with the superior court clerk a valid notice of intent to move to vacate the judgment that satisfies all the statutory requirements. Submitting the motion to vacate to a temporary judge is not a valid motion because it does not comply with the Code of Civil Procedures and Rules of the Court. Consequently, the time to appeal was not extended. Accordingly, this appeal is untimely and the court dismissed the appeal.
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