Garibotti v. Hinkle

Opinion

ARONSON, J.

— Nora Garibotti appeals from an order granting Bruce Hinkle’s motion to vacate a default judgment and the revised judgment the trial court entered based on that order. We reverse both the order and revised judgment because the court failed to rule on Hinkle’s motion within the jurisdictional time frame established by Code of Civil Procedure section 663a, subdivision (b).

That statute provides a trial court’s power to rule on a motion to vacate judgment expires 60 days after service of notice of entry of judgment or service of the first notice of intention to move to vacate,…