United States ex rel. Hoggett v. University of Phoenix

It is the substance of a post-trial motion, not its title, that controls its effect on the appeal period; so a motion for stay disguised as a Rule 59 motion to alter or amend the judgment does not toll the appeal period though a true Rule 59 motion would do so.  This decision dismisses plaintiff’s…

Ewald v. Nationstar Mortgage, LLC

The judgment was affirmed due to the inadequacy of the appellant’s opening brief.  This decision affirms the judgment based on the inadequacy of appellant’s opening brief which did not cite the standard of review or any authority for the principal arguments on appeal. California Court of Appeal, Third District (Duarte, J.); July 28, 2017; 2017…

Ryan v. Rosenfeld

An order denying a motion to vacate judgment is a separately appealable order, even if the issues raised on appeal overlap issues that the appellant could have or did raise on an appeal from the underlying judgment.  An order denying a motion to vacate judgment under CCP 663 is a separately appealable order even if…

Microsoft Corp. v. Baker

A Court of Appeals lacks jurisdiction to entertain an appeal from a district court order denying class certification or striking class allegations after the named plaintiff has voluntarily dismissed his individual claims.  After unsuccessfully petitioning for leave to appeal the district court’s order denying class certification, plaintiffs stipulated to a dismissal of the case with…

Chango Coffee, Inc. v. Applied Underwriters, Inc.

An order denying a motion for reconsideration based on new evidence per California Code of Civil Procedure 1008(b) is not appealable.  This decision holds that later statutory amendments have not abrogated the holding in Tate v. Wilburn (2010) 184 Cal.App.4th 150 that an order denying a renewed motion made under CCP 1008(b) is not appealable. …

Dhillon v. John Muir Health

A superior court’s order granting a writ of administrative mandate and remanding the proceeding to the administrative agency for a new hearing and determination may be an appealable order depending on the particular circumstances of the case; here a remand order contained conclusive findings construing the appellant’s by-laws, so appellate review is justified.  A superior…

Prather v. Sprint Communications, Inc.

Resolution of the underlying lawsuit (here by a settlement) does not automatically moot an appeal by a person who unsuccessfully sought to intervene in the action, so long as effective relief may still potentially be awarded the would-be intervenor. Under the Federal False Claims Act, a relator is entitled to the same rights in a…

McLane Co., Inc. v. EEOC

A federal appellate court reviews a district court’s decision to enforce or quash an administrative subpoena for abuse of discretion.  Reversing a 2015 decision by the Ninth Circuit, 804 F.3d 1051, this decision holds that an appellate court should review a district court’s decision to enforce or quash an administrative subpoena, such as an EEOC…

West v. United States

A federal appellate court has jurisdiction over claims against an appellee not named in the notice of appeal if the opening brief shows the appellant challenges portions of the judgment affecting that appellee.  Under Federal Rule of Appellate Procedure 3, a notice of appeal must name all appellants and the order(s) or judgment(s) appealed from. …

In re Gugliuzza (Gugliuzza v. FTC)

A district court or Bankruptcy Appellate Panel order which reverses a bankruptcy court order in part and remands for additional fact-finding is not a final appealable judgment, nor is it otherwise appealable absent certification.  A district court or BAP order which reverses a bankruptcy court order in part and remands for additional fact-finding is not…

People v. Superior Court

In extraordinary circumstances, a Court of Appeal may issue a precedential decision denying a writ petition without first issuing an order to show cause or alternative writ, if it gives the parties ample notice of its proposed action.  This decision holds that a Court of Appeal may make a writ petition a “cause” and issue…

Kum Tat, Ltd. v. Linden Ox Pasture, LLC

The Court of Appeals lacked jurisdiction over a non-final order denying motion to compel arbitration because the motion was brought under California’s Arbitration Act, not the Federal Arbitration Act.  Under 9 USC 16, a federal Court of Appeals has appellate jurisdiction of appeals from orders denying stays or motions to compel arbitration under 9 USC…