Department of Social Welfare of State of California v. Gandy

Defendants have appealed from the Order granting plaintiff’s motion for a new trial. As ground for reversal it is urged that the trial court had no jurisdiction to make the order in that plaintiff’s notice of intention to move for a new trial, which constitutes the motion (Code Civ. Proc., § 659), was filed more than ten days after service on plaintiff of written notice of entry of judgment. The argument resolves itself into the question: Does the evidence fail, as a matter of law, to support the implied finding that the notice of intention was in fact filed by plaintiff “within ten (10) days…