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Appeals

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Distinguishing Microsoft Corp. v. Baker (2017) 137 S.Ct. 1702, Langere v. Verizon Wireless Services, LLC (9th Cir. 2020) 983 F.3d 1115, and Sperring v. LLR, Inc. (9th Cir. 2021) 995 F.3d 680, which involved voluntary dismissals in order to appeal from class certification orders or orders compelling arbitration, as to which Rule 23(f) or 9 USC 16 prescribe different appellate… Read More

Appeals from probate orders did not automatically stay the parties' ability to settle their dispute.  Even though their settlement required dismissal of the pending appeals, the settlement was effective and did not violate the automatic stay on appeal under CCP 916. Read More

The automatic stay on appeal prevents the trial court from entering a voluntary dismissal of the action while the case is on appeal from an interlocutory order (such as here, an order denying an Anti-SLAPP motion) because dismissal of the case would affect the Court of Appeal's jurisdiction over the appeal.  Furthermore, even if it were otherwise effective, a voluntary… Read More

An order unconditionally granting or denying a motion for relief from the automatic stay in bankruptcy is final and appealable.  The 14-day window for filing an appeal from the order opens when the order is filed.  Stay relief is a proceeding separate from, and precedes, claim resolution. Read More

CCP 902 allows an appeal only by a party "aggrieved" by the appealed order or judgment.  Here, the watermaster appointed by the court to administer its judgment allocating water rights among claimants to the same river was not aggrieved and therefore lacked standing to appeal from a trial court order which interpreted the 60-year-old judgment allocating water rights among the… Read More

For a federal Court of Appeals to have jurisdiction over an interlocutory appeal under 28 USC 1292(b), the district court must first find that (a) there is a controlling question of law, (b) there are substantial grounds for difference of opinion on that question, and (c) immediate resolution of the question would materially advance the ultimate termination of the litigation. … Read More

The district court denied defendant's Anti-SLAPP motion to dismiss the first amended complaint's defamation claims but granted defendant's motion to dismiss the other claims with leave to amend.  Plaintiff filed a second amended complaint before defendant appealed from the order denying the Anti-SLAPP motion.  This decision holds that the filing of the second amended complaint mooted the appeal from the… Read More

On remand after a prior appeal decided in plaintiff's favor, the district court granted defendant summary judgment finding that defendant was not negligent or willful in including in its credit report mention of plaintiff's criminal charge that was filed more than 7 years before the credit report but was dismissed less than 7 years before the report.  This decision affirms… Read More

On an earlier appeal, the court held that the indemnity provision that the plaintiff required the defendant to sign in order to apply for approval of its development project was not supported by consideration and that plaintiff had no statutory authority to impose an indemnity agreement as a condition of plaintiff's statutory duty to consider defendant's application.  On this appeal,… Read More

Ordinarily, an order on a motion for an attorney fee award is appealable as a post-judgment order under CCP 904.1(a)(2).  But here, to maintain the trial court's jurisdiction to enforce a settlement agreement, the parties agreed that judgment would not be entered dismissing the action until after defendant had paid the settlement amount and any attorney fees awarded by the… Read More

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