Q: 60 days from what date? 8.104(a)
On Date A order motion to set aside was denied.
On date B motion for reconsideration of court's decision on Date A was denied.
Is it correct to calculate 60 days to appeal?
Days are calculated from Date A or B?
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A:
The appeal timeline in your case would run from Date B (the denial of the reconsideration motion), not Date A. Under California Rules of Court Rule 8.104(a), you have 60 days to file your notice of appeal from the date of service of the order denying the motion for reconsideration.
The reason for this is that a valid motion for reconsideration extends the time to appeal until the order denying reconsideration is served. This follows the general principle that post-judgment motions extend the appeal deadline to allow the trial court to correct potential errors before involving the appellate court.
However, please note that this timeline extension only applies if your motion for reconsideration was valid and timely filed under CCP § 1008. You should verify that your motion met all procedural requirements, including being based on new or different facts, circumstances, or law. For specific guidance on your case's deadlines, you may want to consult with an attorney familiar with California appellate procedure.
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