Appellate Insights

Time again for ASIC’s semi-regular quiz on orders that might be appealable (or not).  If you’re ever in the slightest doubt on this front, research it closely or consult a specialist.  Even one day past an appeal deadline means irremediable loss of jurisdiction in the Court of Appeal.  As always: these answers apply 95% of the time in California state courts, but there are exceptions.

5. Is an order denying a forum non conveniens motion appealable?
No – The only review available is by writ petition filed within 10 days! CCP §418.10(c).

4. What if the trial court dismisses my petition to vacate an arbitration award? Appealable?
Yes – CCP § 1294(b). And the same for petitions seeking to confirm or correct an award.

3. How about an order that sounds final, resolving the first phase of a bifurcated proceeding?
No – except for child custody and visitation cases. That exception is relatively new, following a rare amendment to California’s main statute controlling appealability. CCP §904.1(a)(14).

2. An order granting terminating sanctions must be appealable, right?
No. Appeal lies only from the final adverse judgment.

1. Is a judgment enforcing a settlement agreement appealable?
Yes – but an order denying enforcement is not. The distinction is clear: only a grant finally disposes of the case in trial court.

►  The practical message:  Both sides must assess appeal options in the wake of any major ruling.  The losing party must meet a strict deadline, and the winning party must understand the consequences either way.