Tuesday, September 10, 2019

Appealability opinions

Two published opinions today about appealability (both published after requests were filed):
  • This one from 4/1 (D073824) holds that a stipulated judgment is appealable under CCP 904.1 if the judgment entered differs from the terms of the parties' stipulated settlement; and a post-judgment order denying relief is also appealable under CCP 904.1(a)(2).
  • And this one (F078292) from the 5th holds that an order denying judicial reference is not appealable (despite the argument that maybe appealability could rest on CCP 1294.2), and that the way to seek appellate relief must be by writ petition. (You can 'thank the Academy' for this one!)
Also of note, the Sept. 2019 issue of LA Lawyer has an article about LACBA's State Appellate Judicial Evaluation Committee (the group that evaluates candidates for elevation to the Court of Appeal in LA and elsewhere) on page 40.