AB 409, as introduced, Wagner. Appeals.
Existing law specifies the judgments and orders from which an appeal may be taken to the court of appeal.
This bill would make a technical, nonsubstantive change to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 904.1 of the Code of Civil Procedure is
2amended to read:
(a) An appeal, other than in a limited civil case, is to
4the court of appeal. An appeal, other than in a limited civil case,
5may be taken from any of the following:
6(1) From a judgment, except (A) an interlocutory judgment,
7other than as provided in paragraphs (8), (9), and (11), or (B) a
8judgment of contempt that is made final and conclusive by Section
91222.
10(2) From an order made after a judgment made appealable by
11paragraph (1).
P2 1(3) From an order granting a motion to quash service of
2summons or granting a motion to stay the action on the ground of
3inconvenient forum, or from a written order of
dismissal under
4Section 581d following an order granting a motion to dismiss the
5action on the ground of inconvenient forum.
6(4) From an order granting a new trial or denying a motion for
7judgment notwithstanding the verdict.
8(5) From an order discharging or refusing to discharge an
9attachment or granting a right to attach order.
10(6) From an order granting or dissolving an injunction, or
11refusing to grant or dissolve an injunction.
12(7) From an order appointing a receiver.
13(8) From an interlocutory judgment, order, or decree, hereafter
14made or entered in an action to redeem real or personal property
15from a mortgage thereof, or a lien thereon, determining the right
16to redeem and directing an
accounting.
17(9) From an interlocutory judgment in an action for partition
18determining the rights and interests of the respective parties and
19directing partition to be made.
20(10) From an order made appealable bybegin delete the
provisions ofend delete
21Probate Code or the Family Code.
22(11) From an interlocutory judgment directing payment of
23monetary sanctions by a party or an attorney for a party if the
24amount exceeds five thousand dollars ($5,000).
25(12) From an order directing payment of monetary sanctions
26by a party or an attorney for a party if the amount exceeds five
27thousand dollars ($5,000).
28(13) From an order granting or denying a special motion to
29strike under Section 425.16.
30(b) Sanction orders or judgments of five thousand dollars
31($5,000) or less against a party or an attorney for a party may be
32reviewed on an appeal by that party after entry of final judgment
33in the main action, or, at the discretion of the court of appeal, may
34be reviewed upon petition for an
extraordinary writ.
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