Appellate Insights

Apr 26, 2017 Laurie J. Hepler
Is This Appealable?

It’s April, and time for ASIC’s semi-annual installment of “Is This Appealable?” — a selection of adverse orders that arise frequently for trial counsel and litigants. As usual, these answers apply 95% of the time in California state courts; there are sometimes exceptions.

5. Is an order directing the sealing or unsealing of trial court records appealable?
YES. Case law deems both to be final orders that are sufficiently collateral to the main merits of a case to be immediately appealable.

4. How about an order denying a venue transfer?
NO. There is only one option for review: a petition for writ of mandate filed within 20 days. (Code Civ. Proc., §400)

3. Is an order granting an anti-SLAPP motion as to some causes of action but denying the motion as to others appealable?

2. Is an order granting a petition to compel arbitration appealable?
NO, but it is reviewable on appeal from a later judgment on the award.

1. Is a judgment confirming an arbitration award appealable?
YES – but on more limited grounds than for most appeals.

The practical message: Whenever you suffer an important loss, study the statutes controlling appealability, as well as the particular statute controlling the motion or application, and relevant cases. Any appeal right will be irrevocably lost if not timely pursued. The same goes for a big pre-judgment win, since you should always know your opponents’ options better than they do.