Appellate Success In California

Oct 12, 2017 Laurie J. Hepler
Is This Appealable?

California appellate courts lose jurisdiction once the deadline passes to notice an appeal.  Truly and forever.  So it’s time again for ASIC’s semi-annual selection of orders that just might be appealable (or not … we try to keep it interesting).  As always: these answers apply 95% of the time in California state courts, but there are exceptions.

  1. Is an order refusing to dissolve an injunction appealable?
    Yes – CCP §904.1(a)(6).
  2. What if the trial court vacates my arbitration award?  Appealable?
    Yes – CCP § 1294(c).  As long as the order does not contemplate a new arbitration hearing.
  3. How about an order compelling arbitration of claims that clearly lie beyond the scope of the arbitration agreement?
    No.Orders compelling arbitration are not appealable—but relief by extraordinary writ may be possible in such situations.  (See, e.g., Zembsch v. Superior Court (2006) 146 Cal.App.4th 153.)
  4. An order granting terminating sanctions must be appealable, right?
    No.  Appeal lies only from the final adverse judgment.
  5. Is a post-judgment order awarding costs and attorney fees appealable?
    Yes – and an order denying them is too.  CCP § 904.1(a)(2).

►  The practical message:  It’s crucial to assess both sides’ appeal options in the wake of any major ruling—before, during and after trial or arbitration—so that counsel can meet the notice deadline.