In Gharraee v. Trader Joe’s Company (2026), the California Court of Appeal, Fifth Appellate District, held that a notice of appeal electronically received on the filing deadline was timely — even though the superior court clerk rejected it two days later under local procedures barring e-filing of appeal documents. The Court also invalidated the local rule authorizing the rejection because it conflicted with California’s statewide e-filing rules.

The case arose from a negligence action against a retailer. A jury found the retailer negligent and awarded the plaintiff more than $23.5 million. The trial court conditionally granted the retailer’s motion for a new trial unless the plaintiff accepted a reduced award of approximately $10.8 million. The plaintiff accepted the reduction on December 19, 2025, making January 20, 2026, the deadline to appeal.

At 5:29 p.m. on January 20, the retailer’s counsel electronically submitted a notice of appeal and received confirmation that it was awaiting the clerk’s review. Two days later, the court’s electronic filing service provider rejected the notice because appeal documents could not be e-filed. After counsel made several attempts to resubmit it electronically and in paper form, the clerk accepted the notice on February 17. The plaintiff then moved to dismiss the appeal as untimely.

The Court of Appeal denied the motion. Under Code of Civil Procedure section 1010.6, subdivision (e)(3), a document electronically received by a court before midnight on a court day is deemed filed that day. The Court also held that the local rule supporting the rejection was invalid. California Rules of Court, rule 2.253 permits superior courts to require e-filing in specified types or categories of civil cases, but not to require e-filing generally while excluding particular documents or categories of documents. Because the local exception for appeal documents conflicted with the statewide rule, it could not alter the filing date. The notice was therefore filed when the clerk received it on January 20 — not when the clerk accepted it on February 17.

The practical lesson is straightforward: file notices of appeal early whenever possible because appellate deadlines remain jurisdictional. When filing near a deadline, preserve electronic receipts, rejection notices, and communications with the clerk, and promptly address any rejection. If a local procedure threatens an otherwise timely filing, counsel should also consider whether that procedure is consistent with governing statutes and statewide rules.