Defendants’ motion for new trial. Motion denied.
This motion is untimely.
A party intending to move for a new trial must file with the clerk and serve on each adverse party a notice of intention to move for a new trial after the decision is rendered and before the entry of judgment (CCP § 659(a)(1); see Collins v Sutter Mem. Hosp. (2011) 196 CA4th 1, 12, (notice cannot be filed until jury has rendered its verdict or there has been a final decision)) or within the earliest of the following (CCP § 659(a)(2)):
15 days after the date on which the clerk of the court serves notice of entry of judgment under CCP § 664.5(b).
15 days after service on the moving party by any party of written notice of entry of judgment under CCP § 664.5(a). See Palmer v GTE Cal., Inc. (2003) 30 C4th 1265, 1267–1268, 1277, (statutory requirement of giving written notice of entry of judgment is satisfied by serving copy of file-stamped judgment; to start statutory time period running for bringing motion for new tr