Appeal

Question 1

Limited cases/ small claims

Answer 1

1. appeal from Superior Ct. is to Appellate Dept. of Superior Ct. in limited and small claims cases

Question 2

Unlimited cases

Answer 2

1. appeal from Superior Ct. is to California Court of Appeal (singular) in unlimited cases
   i. appeal is to the district Court of Appeal to which county is assigned
2. timing: the notice of appeal must be filed in the trial court within:
   i. 60 days after mailing or service of the “notice of entry” of judgment
   ii. 180 days after entry of judgment if no notice is served

Question 3

Final judgment rule

Answer 3

1. CA follows final judgment rule (decision by the trial court on the merits)
2. in CA: a judgment wrapping up the dispute as to one of several parties is automatically considered a final judgment on the merits and can be appealed
   i. federal court: must expressly state final judgment + no reason for delay

Question 4

Interlocutory appeal - non-final judgments that are appealable

Answer 4

1. non-final judgments that are appealable:
   i. denial of class certification
   ii. grant of new trial
   iii. grant of motion to quash service of summons
   a. order granting a dismissal or stay of a case for forum non conveniens
   b. order denying a motion for JNOV
   c. order granting, dissolving, or refusing to grant or dissolve an injunction
   d. order directing party or attorney to pay monetary sanctions over $5,000

Question 5

Interlocutory appeal - collateral order rule

Answer 5

Court of Appeal may hear appeals on: (same as fed. ct.)

i. a collateral order (issue collateral to the merits of the case)
ii. directing payment of money or performance of an act
iii. that the trial court has fully decided

Question 6

Interlocutory appeal - extraordinary writ of peremptory writ

Answer 6

(writ of mandamus or prohibition)

i. available for orders not otherwise appealable (extraordinary, not routinely granted)
ii. allows an aggrieved party may seek:
a. a writ of mandate (compels a lower court to act), or
b. a writ of prohibition (prohibits a lower court from acting)

iii. these are original proceeding in the Court of Appeal (new case filed)
a. technically not an appeal, though it provides appellate review
v. the writ is always discretionary

vi. requirements: party seeking writ must demonstrate
a. irreparable harm if the writ not issued (i.e. unusually harsh decision), and
b. normal route of appeal is inadequate (i.e. should not have to go through trial), and
c. party has a beneficial interest in the outcome of the writ proceeding
vii. in what situation is seeking a writ of mandate the only way to get appellate review? denial of a motion to quash service of summons ***