Appeals

By moving to have the judge decide an equitable claim, plaintiff waived error in an allegedly premature mistrial based on a hung jury. Read More

Different deadlines apply to seeking double costs and attorney fees for a frivolous appeal under Fed. R. App. P. 38; a bill of costs must be filed within 14 days after the opinion is filed, but attorney fees may be sought within 14 days after the time for seeking rehearing expires. Read More

Superior court's order remanding this case to the civil service commission for its entry of additional findings and conclusions to support the discipline it imposed on a county employee was not considered “final” for appellate purposes. Read More

A judgment resolving all issues in one consolidated case is final and appealable even though issues in other consolidated cases remain unresolved. Read More

The trial court properly granted defendant landlord's Anti-SLAPP motion to strike plaintiff's claim that the landlord violated Santa Monica's anti-harassment ordinance by filing an unlawful detainer complaint against the plaintiff which supposedly lacked sufficient factual and legal support. Read More

After reversal on appeal, the plaintiff must return to the defendant the subsidiary plaintiff seized in execution of judgment while an appeal was pending and is not entitled to compensation for losses the subsidiary sustained while in plaintiff’s hands. Read More

The Ninth Circuit declines interlocutory mandamus review of a denial of a motion to dismiss suit claiming that government policies exacerbated climate change; the Baumann factors governing such review were not satisfied. Read More

Though no separate judgment was entered, the jury’s special verdict resolved all issues in the case, so the losing party’s 30-day time to appeal began to run out 150 days after entry of the verdict. Read More

In evaluating whether a person is an “insider” of a debtor under the Bankruptcy Code, an appellate court reviews a trial court’s determination of whether a transaction was arm’s length using the clear error standard of review. Read More

When parties try to force a premature appeal by dismissing some claims without prejudice, the appellate court should dismiss the appeal and remand the case to the trial court so it can finally resolve all claims and enter a final, appealable judgment. Read More

An order removing an executor is not a final and appealable order if the trial court, in issuing the order, states that a written statement of decision providing the findings and reasoning supporting the order will be issued later. Read More

Appeal time limits set by congressional statute are jurisdictional; those prescribed by court rule are merely mandatory and may be waived if the opposing party does not promptly object. Read More

The invited error doctrine bars a party from appealing from an order the party submitted for the sole purpose of creating an appeal that would derail trial. Read More

A party moving for limited remand while a case is on appeal need not have moved for an indicative ruling in the district court if the district court has entered an indicative ruling in response to some other proceeding. Read More

An order granting or denying a motion to disqualify counsel is immediately appealable; the appeal automatically stays the appealed order but not other proceedings in the trial court, so a disqualified attorney may continue to the representation while the appeal is pending. Read More

It is the substance of a post-trial motion, not its title, that controls its effect on the appeal period; so a motion for stay disguised as a Rule 59 motion to alter or amend the judgment does not toll the appeal period though a true Rule 59 motion would do so.   Read More

The judgment was affirmed due to the inadequacy of the appellant’s opening brief.   Read More

An order denying a motion to vacate judgment is a separately appealable order, even if the issues raised on appeal overlap issues that the appellant could have or did raise on an appeal from the underlying judgment.  Read More

A Court of Appeals lacks jurisdiction to entertain an appeal from a district court order denying class certification or striking class allegations after the named plaintiff has voluntarily dismissed his individual claims.  Read More

An order denying a motion for reconsideration based on new evidence per California Code of Civil Procedure 1008(b) is not appealable.  Read More