Tuesday, December 12, 2017

Appellate case notes

Ok, ok, enough with the high-falutin SCOTUS clerks and other esoteric stuff. What about good old California appellate case law? Fine:

  • A case on appellate standing here:

Only a “party aggrieved may appeal” from a judgment. (Code Civ. Proc., § 902.) The objectors, however, did not intervene in the action. Nor did the objectors take any other steps to become parties of record, ask to be named as class representatives, or demonstrate any willingness to take on the
responsibilities and risks of the representative plaintiffs. Because the objectors lack party status and therefore do not have standing to appeal, we dismiss the appeal

  • Appealing from a non-appealable order -- bad idea -- here.


  • And for a delightful appellate catastrophe (e.g., frivolous appeal, rules violations, vexatiousness), see here.
Feel better now?

Oh, and in the "appellate people" department, the DJ's Verdicts & Settlements for Dec. 1 profiled retired Justice Hastings (Premium on Civility: Mediator Gary Hastings lets parties hash it out but steers them to results) and for Dec. 8 profiled former 9th Circuit mediator Lisa Jaye (Graceful Determination: Former 9th Circuit mediator Lisa Jaye is committed to resolving cases).