Friday, January 22, 2016

No stipulating around the old final judgment rule!

Another reminder from 4/1 here: "parties cannot avoid the one final judgment rule and confer
appellate jurisdiction ... where none exists."
Image result for can't get there from hereIn most cases, a stipulated judgment is not appealable. (Harrington-Wisely v. State of California (2007) 156 Cal.App.4th 1488, 1495.) The parties cannot create
appellate jurisdiction by stipulation. (Kurwa, supra, 57 Cal.4th at pp. 1103, 1107.) Were we to allow this, "we would in effect be permitting the parties to confer jurisdiction upon us where none exists." (Id. at p. 1103.) "To permit this kind of manipulation of appellate jurisdiction—in effect, allowing the parties and trial court to designate a substantively interlocutory judgment as final and appealable—would be inconsistent with the one final judgment rule." (Id. at p. 1107.)
Also of note, to be filed under "90-day-rule violations," see Judge Scolded for Taking Pay While Behind on Cases.