Civ Pro - Ca - Appellate Review*

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CA -- Appellate Review

CA Superior Court Review

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Limited to the district where Court of Appeal is assigned
Timing:
--60 days after mailing or service of entry of judgment OR
--6 months after entry of judgment

Judgments for limited civil cases and small claims court heard by Appellate Department of the Superior Court

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CA -- Appellate Review

Final Judgment Rule

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Same as Fed -- appeal not possible until after final judgment -- HOWEVER -- CA allows for appeal in a multi-party case if final judgment as to one party has been entered

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CA -- Appellate Review

Interlocutory Review

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Following are appealable prior to final judgment: orders re:
1) motion quashing service of summons
2) granting dismissal or stay of a case b/c of forum non-conveniens
3) granting new trial
4) denial of motion for JNOV
5) certification of entire class action
6) dissolving or refusing an injunction
7) re sanctions over $5,000

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CA -- Appellate Review

Collateral Order Exception

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Court may hear an appeal on:
1) issues collateral to merits of case
2) trial court has finally decided
3) directs payment of money or performance of an act

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CA -- Appellate Review

Extraordinary Writs

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(Used sparingly, hence extraordinary) Aggrieved party may week writ of mandate to compel/prohibit local court action

Party seeking must:
1) demonstrate irreparable harm
2) show inadequate route for normal appeal
3) show beneficial interest in outcome of proceeding

MOTION TO QUASH SERVICE OF SUMMONS