People Ex Rel. Department of Transportation v. Cherry Highland Properties

Opinion

GAUT, J.—

1. Introduction

This appeal raises the issue of what triggers the 60-day period within which a motion for new trial must be determined. In this action the State of California (State) condemned property owned by Cherry Highland Properties, a general partnership (Cherry).

After the jury verdict, Cherry applied for and was granted a new trial by the trial court on the issue of severance damages. The State contends that the time within which to grant that motion had expired, relying upon Code of Civil Procedure section 660. 1

Section 660 provides, in part, that “the power of the…