Does Defendant have any grounds to argue that the Court erroneously determined that a motion for new trial was untimely?

California, United States of America

The following excerpt is from Mertens Heavy Equip. Repair v. Mountains by the Sea, Inc., E053378 (Cal. App. 2012):

^12. Defendant's contention the court erroneously determined its motion for new trial was untimely appears correct from a review of the record, since nothing indicates notice of entry of judgment was mailed. Nevertheless, we affirm a judgment if it is correct on any basis. (In re Estate of Kampen (2011) 201 Cal.App.4th 971, 1000; accord Ceja v. Department of Transp. (2011) 201 Cal.App.4th 1475, 1483; Affan v. Portofino Cove Homeowners Assn. (2010) 189 Cal.App.4th 930, 944 ["[W]e look for any correct legal basis on which to sustain the judgment."].) Therefore, whether the court erred in determining the motion was untimely is irrelevant.

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