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DODGE v. SUPERIOR COURT

No. D033834.

91 Cal.Rptr.2d 758 (2000)

77 Cal.App.4th 513

Kelly DODGE, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Casper's Concrete Cutting, Inc., et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

January 10, 2000.

Attorney(s) appearing for the Case

Higgs, Fletcher & Mack, John Morris, San Diego, and Jon R. Williams, San Diego, and Thorsnes, Bartolotta, McGuire & Padilla, Vincent J. Bartolotta and Catherine A. Richardson, for Petitioner.

No appearance for Respondent.

Horton & Ryan, Patricia G. Ryan, San Diego, and Kimberly S. Clevenger, for Real Parties in Interest FCC Construction, Inc., and Triarc.

Farmer, Weber & Case and David G. Weber, for Real Parties in Interest Casper's Concrete Cutting, Inc.

WORK, J.

In this case, we are asked to decide when the 60-day period under Code of Civil Procedure1 section 660 for ruling on a motion for new trial expired.

Section 660 gives the court power to rule on a new trial motion for "60 days from and after the mailing of notice of entry of judgment by the clerk of the court pursuant to [s]ection 664.5, or 60 days from and after service on the moving party by any party of written notice...

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