Wednesday, September 29, 2021

Appealability of quash grant

CCP 904.1(a)(3) says that "an order granting a motion to quash service of summons" is appealable. Motions to quash are often granted when a defendant lacks minimum contacts with the forum, and such orders are effectively final judgments. So it makes sense that they would be appealable. But what about an order granting a motion to quash simply based on lack of proper service? Such an order is interlocutory, and the plaintiff is free to attempt new and better service. Are orders like that appealable? In today's published opinion 4/2 says yesiree!

the statute is unambiguous. It states flatly that an order granting a motion to quash service of summons is appealable. “‘[W]hen statutory language is . . . clear and unambiguous there is no need for construction and courts should not indulge in it.’

Looking for more appellate fun? Here's a published disentitlement opinion from 1/2!

Courts cannot function if their orders and judgments are routinely ignored by litigants or their counsel.

[The MetNews has Appeals Dismissed Based on 'Disentitlement': C.A. Says Indian Tribe Has Repeatedly Flouted Superior Court Orders]