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strict time limits for filing a notice of intention to move for new trial; consequently, the
motion was not valid.9 We believe that Kruger is correct for the following reasons.
First, the time limits on filing and ruling on a motion for new trial, set forth in
section 659,10 are jurisdictional. (Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th
330, 336 (Kabran).) “Both the ‘right to move for a new trial’ and the court’s jurisdiction
to hear it are creatures of statute. [Citations.] A trial court gains jurisdiction to hear such
a motion only after a party files a timely notice of intent and judgment has been entered.”
(Ibid.) The jurisdictional effect goes both ways, as our Supreme Court reiterated in
Kabran. “In particular, the trial court loses jurisdiction to hear a new trial motion if no
notice of intent is filed within 15 days of the mailing or service of notice of entry of
judgment, or within 180 days of the entry of the judgment.” (Id. at p. 337; see § 659,
subd. (a)(1), (2) [specifying time limits to file notice of intent to move for new trial] and
subd. (b) [no extension of specified time limits by order or stipulation].) The court’s
analysis in Kabran is noteworthy because it contrasts the jurisdictional element of timing
to file a notice of intention to move for new trial against elements of a new trial motion
that are not jurisdictional, like the deadline for filing affidavits in support of the motion.
(Kabran, supra, at pp. 337-342.) We conclude on this basis that a “valid” motion for new