When to File Notice of Appeal California ?
Under California Rules of Court, rule 2(a), a notice of appeal must be filed on or before the earliest of the following dates:
(a) 60 days after the date of mailing notice of entry of judgment; (b) 60 days after the date of service of notice of entry of judgment by any party upon the party filing the notice of appeal; or (c) 180 days after the date of entry of judgment.
Nevertheless, in order to extend the jurisdictional time for filing a notice of appeal, the motion to vacate or set aside itself must have been timely; that is, such a motion must have been served and filed within either the normal time period for filing a notice of appeal under rule 2, or any shorter time period prescribed by applicable statute. (Rule 3(b).)
Thus, although section 473 provides a motion under that statute must be made "within a reasonable time, in no case exceeding six months, after the judgment," in order also to extend the time for filing a notice of appeal from the underlying judgment such a section 473 motion must be filed within the more limited parameters of rule 2; this is, within the normal rule 2 time period of 60 days from mailing or service of entry of judgment. (Rule 2(a)(1), (2).)
The outside time limit for filing a notice of appeal remains 180 days after entry of judgment in all cases; authorized extensions of the filing period will not stretch the appeal deadline beyond this limit. (Rule 2(a)(3); Carpiaux v. Peralta Community College Dist. (1989) 215 Cal. App. 3d 1220, 1223 264 Cal. Rptr. 208; Howard v. Lufkin (1988) 206 Cal. App. 3d 297, 300 253 Cal. Rptr. 422; Eisenberg et al., Cal. Practice Guide: Civil Appeals and Writs, supra, PP 3:18, 3:62, 3:83, pp. 3-8 to 3-9, 3-23, 3-24.4.)