How to determine if 90 days or 180 days deadline applies in this situation?

Question

CRC Rule 8.108 defines in relevant part (e)(2)(3): the earliest of 
(2) 90 days after the first motion to reconsider is filed; or 
 
(3) 180 days after entry of the appealable order. 
 
How to determine if 90 days or 180 days deadline applies when Plaintiff's first motion for reconsideration was denied by court in civil unlimited case?

James L. Arrasmith · Answer

When your first motion for reconsideration was denied, the 90-day deadline would apply in this situation under CRC Rule 8.108(e)(2), starting from the date you filed that first motion. 
 
The rule sets up these two timeframes as alternative deadlines, and the key phrase "earliest of" means you must use whichever deadline comes first. Since filing a motion for reconsideration triggers the 90-day clock, and this would almost always occur before the 180-day period expires, the 90-day deadline typically becomes the controlling timeframe. 
 
You should calculate both deadlines to be safe - 90 days from when you filed your first reconsideration motion, and 180 days from the entry of the appealable order - then use whichever date comes first as your deadline. For example, if you filed your reconsideration motion 30 days after the original order, the 90-day deadline would expire before the 180-day deadline, making the 90-day timeline applicable. 
 
Remember to check the exact filing date of your first reconsideration motion and count carefully, as missing an appeals deadline can have serious consequences. If you have any doubts about calculating these deadlines, consulting with a legal professional familiar with California civil procedure would be advisable.

Q: How to determine if 90 days or 180 days deadline applies in this situation?