Can a clerk serve an unfiled copy of an order (or any order which does not indicate that it has been entered) on a party?

Reconciling rule 309 is possible under the same analysis. If the clerk serves an unfiled copy of an order (or any order which does not indicate that it has been entered) on a party, rule 309 would apply, and such order would not constitute "notice of entry of the order" under section 437c, subdivision (l). However, rule 309 would not apply if the clerk mails a copy of an order which indicates that it has been entered. When the clerk serves such a copy, it has the same practical effect as a notice of entry of judgment in that it informs the party of the order and the fact that it has been entered and is effective. (Cf. Ketscher v. Superior Court (1970) 9 Cal.App.3d 601, 604, 88 Cal.Rptr. 357.)

Under this reasoning, the section 437c, subdivision (l) limitations period commenced when Eldridge was served with the file-stamped copy of the order denying summary adjudication of issues on August 9, 1988. This petition, which was filed on August 25, 1988, was filed one day late. The time limits of section 437c, subdivision (l) are mandatory, and this court is without jurisdiction to entertain the petition. (Abadjian v. Superior Court (1985) 168 Cal.App.3d 363, 369, 214 Cal.Rptr. 234.)