Appeals

Under 28 USC 1447(d) an order remanding a case to state court is reviewable on appeal if the case was removed pursuant to 28 USC 1442 (federal officer) or 1443 (civil rights).  This decision holds that on such an appeal, the appellate court may review all grounds on which the remand order was based.  Review isn't limited to determining whether… Read More

Following  Langere v. Verizon Wireless Services, LLC (9th Cir. 2020) 983 F.3d 1115 and Microsoft Corp. v. Baker (2017) 137 S.Ct. 1702, this decision holds that the Court of Appeal lacks appellate jurisdiction over an appeal from a voluntary dismissal entered for the purpose of trying to appeal from an order compelling arbitration in a putative class action.  It does… Read More

An order dismissing a co-defendant's cross-complaint for indemnity against another defendant is appealable even if the cross-complainant remains in the case on the plaintiff's complaint.  The dismissal finally resolved all claims between the two defendants and thus was a final, appealable order. Read More

Recognizing split of authority on question of whether a defendant may challenge a good faith settlement determination on appeal from a final judgment or whether the only remedy lies in a writ petition from the good faith finding, and choosing to side with those decisions allowing a challenge on appeal from a final judgment even when the appellant did not… Read More

A defendant is not aggrieved by, and so has no standing to appeal from, an order exonerating a co-defendant from liability to the plaintiff, even if the would-be appellant has a claim for contribution or indemnity against the exonerated defendant.  So, in this case, one contractor at the work site where plaintiff was injured had no standing to appeal from… Read More

In Omstead v. Dell, Inc., 594 F.3d 1081 (9th Cir. 2010), the Ninth Circuit had held that a plaintiff, against whom the district court had entered an order compelling arbitration, could take an appeal from that otherwise unappealable order by dismissing all his claims with prejudice.  Now, reviewing that same question in light of Microsoft Corp. v. Baker (2017) 137… Read More

To amend a judgment to name an alter ego, the plaintiff must show that the alter ego controled the litigation and were virtually represented in that proceeding, that there is a unity of interest and ownership such that the separate personalities of entities and owners no longer exists, and that an inequitable result would result if the entity's separate existence… Read More

An order amending judgment to name an alter ego is reviewed for abuse of discretion.  Relentless Air Racing, LLC v. Airborne Turbine Ltd. Partnership (2013) 222 Cal.App.4th 811, 815. Read More

This decision holds that while a trial court does not lose jurisdiction to amend or vacate an interlocutory order simply because a Court of Appeal has issued an order to show cause in response to a mandate petition, the trial court should generally not do so since the Court of Appeal's issuance of an OSC rather than an alternative writ… Read More

This decision dismisses an appeal as untimely.  The appealed orders were issued before the COVID-19 court closures.  The trial court's emergency rules treated dates during the closure as holidays, so under CCP 12a, the notice of appeal was due the next day which was not a holiday, namely, June 1, when the trial court reopened.  The Court of Appeal's emergency… Read More

Under the FRCivP 58(e), a judgment is final and appealable when entered, even though the district court retains jurisdiction to rule on a motion to tax costs or award attorney fees, unless the district court orders that the judgment is not final until the motion is ruled upon.  A notice of appeal filed within 30 days of entry of the… Read More

An order denying a reconsideration motion under FRCivP 59(e) brought a year after an order denying summary judgment was not appealable.  The time to appeal the denial of summary judgment had long since expired.  A delayed motion for reconsideration under FRCivP 59(e) cannot be used to resurrect the case for appeal.  The denial of a Rule 59(e) motion is appealable… Read More

In reviewing an order denying an Anti-SLAPP motion in a malicious prosecution case, the appellate court applies the norrmal standard of review, drawing all inferences in favor of the non-moving party.  Those inferences will not affect the case when it proceeds to trial.  And the appellate court's affirmance of the order denying the Anti-SLAPP motion will only preclude a summary… Read More

An order denying a motion for a judicial reference is not an appealable order even when made as an alternative to a motion to compel arbitration.  Here, the parties' agreement provided for arbitration of disputes with the exception of those involving debts secured by California real property, and as to those provided that either party could demand a judicial reference… Read More

The deadline for moving to vacate an arbitration award under the FAA is the same date as the third month after the award is issued unless it is a Saturday, Sunday or holiday. Read More

A cost award entered after entry of voluntary dismissal without prejudice is appealable as a final judgment in its own right. Read More

The 30-day deadline for an employer to petition for administrative mandamus runs from entry of the OSHA Appeals Board’s order denying reconsideration, not from the employer’s receipt of the order. Read More

Substantial evidence supported finding by the university that a student had cheated on a biology exam, and since this determination was moreover made by a fair procedure, the trial court incorrectly granted the student’s administrative mandamus petition. Read More

The petitioner for a writ of administrative mandamus was correctly charged half the cost of the defendant agency’s preparation of the administrative record since petitioner had unreasonably delayed in preparing the record itself. Read More

A premature post-trial motion (in this case, a Rule 59 motion to alter or amend the judgment) neither shortens nor extends the time for appeal. Read More