“Any Fool Can Make A Rule, And Any Fool Will Mind It.”  Henry David Thoreau.

The parties involved with a foreclosure sale stipulated to the appointment of a temporary judge. Had California Rules of Court [CRC], rule 2.400 (b)(2) been followed by the parties, the result here would likely have been different.  That rule requires that a temporary judge or referee must not accept or consider any copy of a document unless the document has the clerk’s file stamp or is accompanied by a declaration stating that the original has been submitted for filing. After the temporary judge decided the case, the judgment was filed in the superior court, and that same day the prevailing party served a notice of entry of judgment. Thereafter, the losing party moved to vacate the judgment and to correct a legal error in the judgment. Almost three months after the notice of entry of judgment was filed with the superior court, the losing party filed an appeal. The prevailing party moved to dismiss the appeal because it was not filed within 60 days after service of notice of entry of judgment as is required under CRC, rule 8.104(a)(1)(B), and the motion to vacate had not been filed with the superior court. In dismissing the appeal, the appellate court stated: “Submitting the motion to vacate to a temporary judge is not a valid motion because it does not comply with the Code of Civil Procedure and Rules of Court. Therefore, the time to appeal was not extended. The rules governing posttrial motions involve drawing bright lines marking the point when the trial court’s jurisdiction over a case ends and the jurisdiction of the appellate court begins. We caution the bar that stipulating to a temporary judge does not relieve the parties from complying with statutes that affect our jurisdiction.” (Conservatorship of Townsend (Cal. App. Second Dist., Div. 1; November 17, 2014) 231 Cal.App.4th 691 [180 Cal.Rptr.3d 117].)