Not Everything Is Appealable: A List of Appealable Judgments and Orders
Contrary to popular belief, not everything can be appealed in a civil, family law, or probate case. The list of appealable orders and judgments is codified in Code of Civil Procedure section 904.1, and it includes the following (quoted portions are directly from the statute):
FINAL JUDGMENT: “From a judgment, except an interlocutory judgment, other than as provided in paragraphs (8), (9), and (11), or a judgment of contempt that is made final and conclusive by Section 1222.”
POST-JUDGMENT ORDER: “From an order made after a judgment made appealable by paragraph (1).”
MOTION TO QUASH OR INCONVENIENT FORUM: “From an order granting a motion to quash service of summons or granting a motion to stay the action on the ground of inconvenient forum, or from a written order of dismissal under Section 581d following an order granting a motion to dismiss the action on the ground of inconvenient forum.”
NEW TRIAL OR JNOV: “From an order granting a new trial or denying a motion for judgment notwithstanding the verdict.”
ATTACHMENT ORDER: From an order discharging or refusing to discharge an attachment or granting a right to attach order.
INJUNCTIONS: From an order granting or dissolving an injunction, or refusing to grant or dissolve an injunction.
RECEIVERSHIP: From an order appointing a receiver.
INTERLOCUTORY JUDGMENT IN PROPERTY REDEMPTION (RARE): “From an interlocutory judgment, order, or decree, made or entered in an action to redeem real or personal property from a mortgage thereof, or a lien thereon, determining the right to redeem and directing an accounting.”
INTERLOCUTORY JUDGMENT IN PARTITION ACTION: “From an interlocutory judgment in an action for partition determining the rights and interests of the respective parties and directing partition to be made.”
ORDERS APPEALABLE UNDER THE PROBATE OR FAMILY CODE: “From an order made appealable by the Probate Code or the Family Code.”
SANCTIONS IN EXCESS OF $5,000 (INTERLOCUTORY JUDGMENT): “From an interlocutory judgment directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds five thousand dollars ($5,000).”
SANCTIONS IN EXCESS OF $5,000 (ORDER): “From an order directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds five thousand dollars ($5,000).”
ANTI-SLAPP RULING: “From an order granting or denying a special motion to strike under Sections 425.16 and 425.19.”
FINAL CUSTODY RULING: “From a final order or judgment in a bifurcated proceeding regarding child custody or visitation rights.”
This list represents the entirety of what can be appealed—if an order is not on (or encompassed by) this list, it’s non-appealable. Importantly, however, this does not necessarily mean that a non-appealable order is immune from judicial review. Some non-appealable orders become appealable once final judgment is entered. In other words, for some orders, you have to wait until final judgment is entered before you can appeal it.
So, for example, a party wishing to challenge a non-appealable discovery ruling would have to file his or her notice of appeal after the entry of judgment—which could be years after the discovery order is issued. An appeal filed immediately after the discovery ruling would likely be dismissed for lack of jurisdiction.
There is, of course, an exception to the exception. In many cases, it would be impractical, wasteful, or even harmful to wait for a final judgment. Indeed, some orders, even non-appealable orders, can be immediately brought to the Court of Appeal’s attention via a writ of mandamus or prohibition. (Click here to learn more about writs in California.)
Disclaimer: The information on this website is provided for informational purposes only; it should not be construed as legal advice for any particular person, case, or circumstance. Those seeking legal advice should consult an attorney. Nothing on this website is intended to create an attorney-client relationship. Such a relationship is formed only upon executing a written fee agreement with the firm.