Tuesday, July 2, 2019

New CA law of appellate note

A new statute (CCP § 695.215) of appellate note (declaratory of existing law) has been enacted, and becomes law January 1, 2020. H&L's Tom Watson wrote the original proposed bill as an amendment to CCP § 695.220 and H&L's Lisa Perrochet and Eric Boorstin helped with editing and responding to Legislative staff’s inquiries. As often happens, the bill got changed during the Legislative process, but the new law is still helpful.  Here’s the text of the new statute:

Section 695.215 is added to the Code of Civil Procedure, to read:
Payment in satisfaction of a money judgment, including payment of a severable portion of the money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal, except to the extent that the payment is the product of compromise or is coupled with an agreement not to appeal. Payment in satisfaction of a severable portion of a money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal other portions of the money judgment.