Van Beurden Insurance Services v. Customized Worldwide Weather Insurance Agency

Opinion

MOSK, J.

Plaintiff Van Beurden Insurance Services, Inc. (hereafter Van Beurden) appealed from a judgment of the superior court after denial of its motion for judgment notwithstanding the verdict or, in the alternative, for a new trial (hereafter sometimes JNOV/new trial motion). The Court of Appeal dismissed the appeal as untimely.

As will appear, the question whether the appeal was timely filed depends on when the time commenced for the superior court to rule on the new trial motion, which, in turn, depends on whether the clerk of the court mailed notice of entry of judgment upon order…