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PEOPLE v. CHERRY HIGHLAND PROPERTIES

No. E023628.

90 Cal.Rptr.2d 214 (1999)

76 Cal.App.4th 257

The PEOPLE ex rel. Department of Transportation, Plaintiff and Appellant, v. CHERRY HIGHLAND PROPERTIES, Defendant and Respondent.

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

November 16, 1999.

Attorney(s) appearing for the Case

William M. McMillan, Chief Counsel, David R. Simmes, Deputy Chief Counsel, John M. Albertine and Robert W. Vidor, Los Angeles, for Plaintiff and Appellant.

Sullivan, Workman & Dee, Henry K. Workman, Paul C. Epstein, Los Angeles, and Charles S. Doskow, for Defendant and Respondent.

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...

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