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Water Code 13330(b) requires any appeal from a regional board's decision to be filed within 30 days and expressly prohibits judicial review except in accord with section 13330.  This decision holds that an untimely filed appeal from the regional board's decision must be dismissed even if the appellant claims the regional board lacked subject matter jurisdiction when it rendered its… Read More

After Habelt filed a class action for securities fraud against iRhythm, Miss. Public Retirement System was appointed the class representative pursuant to the PSLRA.  The Retirement System's amended complaint was dismissed without leave to amend.  The Retirement System did not appeal from the dismissal.  The mere fact that Habelt remained a name in the case caption didn't confer standing on… Read More

A party may appeal from denial of its summary judgment motion by stipulating to entry of judgment after and based on the denial of the summary judgment motion and making clear that it is doing so only for the purpose of appealing the denial of summary judgment--because there was no full record developed at trial that could be said to… Read More

Following prior 9th Circuit precedent, this decision holds that an order denying an Anti-SLAPP motion to dismiss is immediately appealable under the collateral order doctrine--unless the order denies the motion because the claim fits within one of CP 425.17's exceptions to the Anti-SLAPP statute--but in concurrences two of the panel's three judges urge the full court to overrule the prior… Read More

Although recognizing that a minority of decisions apply a substantial evidence standard of review on appeal from an order granting or enforcement to a forum selection clause, this decision adopts what it says is the majority rule applying, instead, an abuse of discretion standard of review.  In this case, the contract included not only a clause selecting Illinois as the… Read More

A post-trial motion under Rule 50 is not required to preserve for appellate review a purely legal issue resolved at summary judgment.  By contrast, a post-trial motion is required if the summary judgment motion was denied on sufficiency of the evidence grounds since the evidentiary record may be (and usually is) different at trial. Read More

Plaintiff appealed adverse judgment claiming the trial court erred in refusing a jury instruction regarding an adverse inference from the opposing party's concealing evidence during discovery.  This decision holds that the plaintiff forfeited the issue on appeal by misstating the record in her brief--asserting that the trial court had found that the defendant improperly concealed documents, when the trial court… Read More

This decision holds that an unsecured creditor that was the chair of the committee of unsecured creditors in East Coast's Chapter 11 proceeding lacked Article III standing to appeal from the bankruptcy court's order awarding the Chapter 11 trustee the maximum allowable fees.  The confirmed Chapter 11 plan provided for the debtor's reorganization and full payment of all allowed claims,… Read More

Under CCP 904.1(a)(12), a monetary sanctions award of $5,000 or more is immediately appealable.  However, an order for an issue sanction on a discovery motion is not immediately appealable.  Even when the order awards both monetary and issue sanctions, the issue sanctions portion of the order is not appealable unless the two sanctions are intimately intertwined. (See Mileikowsky v. Tenet… Read More

To appeal from a Labor Commissioner award of wages to an employee, the employer must post a bond in the amount the Labor Commissioner awarded.  This decision holds that a car wash company cannot substitute its $150,000 car wash bond for the bond required by section 98.2.  Though for a similar purpose of guaranteeing payment of wages to car wash… Read More

Employer filed an untimely appeal from a Labor Commissioner ruling ordering the employer to pay a substantial sum to the plaintiff employee.  After the untimely appeal was dismissed, the trial court properly ordered the bond forfeited to the employee and entered judgment in the bond amount against the employer.  Though filing a bond is a prerequisite to the trial court's… Read More

This decision holds that CRC 2.259(c) and 8.77(d) both apply to excuse late filing of notices of appeal in appropriate circumstances.  Rule 2.259(c) requires a court to deem a document filed on the day of the attempted filing if a technical problem with the court's filing system prevents the filing.  Rule 8.77(d) allows a court to deem a document filed… Read More

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