California Supreme Court Watch

#22-158 Meinhardt v. City of Sunnyvale, S274147. (D079451; 76 Cal.App.5th 43; Santa Clara County Superior Court; 19CV346911.) Petition for review after the Court of Appeal dismissed an appeal from the judgment in an action for writ of administrative mandate. The court limited review to the following issue: Did the Court of Appeal correctly dismiss the appeal as untimely?

Petition for review granted; issues limited: 6/15/2022

Case fully briefed: 11/07/2022

Cause argued and submitted: 6/05/2024

Opinion filed: Judgment reversed: 7/29/2024

Request for modification of opinion filed: 7/31/2024

See the Court of Appeal Opinion.

See the Petition for Review.

See the Oral Argument.

See the California Supreme Court Opinion.  (Meinhardt v. City of Sunnyvale (2024) 16 Cal.5th 643.)

“We granted review in this case to resolve uncertainty about when the time to appeal starts to run in writ of administrative mandate proceedings pursuant to section 1094.5 of the Code of Civil Procedure. Some Courts of Appeal, including that in this case which dismissed the appeal as untimely, hold that the time starts to run with the filing of an ‘order’ that disposes of all issues in the case and contemplates no further action, not with subsequent entry of a ‘judgment.’  [Citations.] Other Courts of Appeal hold that the time starts to run with the entry of a ‘judgment,’ not with the filing of a prior ‘order’ [citations] or ‘minute order’ [citations].

…

[W]e adopt a ‘bright line[]’ rule [citation] that the time to appeal in administrative mandate proceedings starts to run with entry of ‘judgment’ or service of notice of entry of ‘judgment,’ rather than with the filing of, or service of notice of the filing of, an ‘order,’ minute order, or other ruling. We therefore reverse the judgment of the Court of Appeal, which held to the contrary.”

(fns. omitted)

Justice Jenkins authored the opinion of the Court, in which Justices Corrigan, Liu, Kruger, Groban, Evans, and Sanchez* concurred.

In the news:  Olson, On Judgments, Daily Journal (Mar. 14, 2023) – Meinhardt v. City of Sunnyvale highlights the confusion in California law a to what is or is not a judgment.