Appellate review & Preclusion Flashcards
Timing of Appeal
Generally, notice of appeal must be filed in TC within (1) 60 DAYS after mailing or service of the notice of entry of judgment, or (2) 180 days after entry of judgment if no notice served
Where appealed to?
Unlimited cases are appealed from Superior Court to California Court of Appeal
Limited and small claims are appealed to appellate department of the Superior Court
Final Judgment Rule
CA requires a final judgment on the merits to appeal
DIFFERENCE: in State court, a judgment wrapping up the dispute as to ONE of several parties is considered a final judgment that may be appealed
Interlocutory Review
By statute, following is appealable: (1) order DENYING certification of entire class action (but not granting); (2) order granting new trial; (3) order granting a motion to quash service of summons; (4) order granting a dismissal or stay of a case for forum non conveniens; (5) order denying a motion for JNOV; (6) order granting, dissolving, or refusing to grant or dissolve an injunction; order directing party or attorney to pay sanctions of over $5K
Collateral Order
CoA may hear appeal on (1) any issue collateral to the merits of the case; (2) that the trial court has decided finally; if (3) it directs payment of money or performance of an act
Extraordinary Writ
If not otherwise appealable, aggrieved party can seek a WRIT OF MANDATE (compel lower court to do something) or PROHIBITION (stop lower court from doing something)
Must show: (1) she will suffer IRREPARABLE HARM if the writ is not issued; (2) the normal route of appeal from final judgment is inadequate; and (3) she has a beneficial interest in the outcome of the writ proceeding
very extraordinary and not routinely granted. Always up to discretion of judge.
Go to this if something occurs that does not fall under interlocutory appeal statute
Not technically an appeal. it is a separate proceeding filed in court of appeal
Which Preclusion law applied?
If Case 1 is in CA court and case 2 is in fed court, MUST UE CA LAW b/c CASE 1 WAS DECIDED BY CA SYSTEM
Timing of preclusion
They are affirmative defenses, so should be raised in answer.
On bar exam, usually raised by motion for summary judgment
Effect of Appeal
in CA, if case 1 is appealed, judgment does NOT have preclusive effect. (in Fed, it does!)
“On the merits”
IN CA, NOT “on the merits” if dismissed due to J*, venue, indispensable parties, or SoL
In Fed, SoL is “on the merits”
Claim sufficient for claim preclusion
CA: “Primary Rights” – separate cause of action for each RIGHT invaded (e.g. property v. personal injury)
Fed: claim is all rights to relief arising from a TOO
