Bill Text: CA AB409 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 409 (Prior Session Legislation)

Introduced

Bill Title: Appeals.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - Died at Desk. [AB409 Detail]

Download: California-2015-AB409-Introduced.html

BILL NUMBER: AB 409	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 19, 2015

   An act to amend Section 904.1 of the Code of Civil Procedure,
relating to appeals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 409, as introduced, Wagner. Appeals.
   Existing law specifies the judgments and orders from which an
appeal may be taken to the court of appeal.
   This bill would make a technical, nonsubstantive change to this
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 904.1 of the Code of Civil Procedure is amended
to read:
   904.1.  (a) An appeal, other than in a limited civil case, is to
the court of appeal. An appeal, other than in a limited civil case,
may be taken from any of the following:
   (1) From a judgment, except (A) an interlocutory judgment, other
than as provided in paragraphs (8), (9), and (11), or (B) a judgment
of contempt that is made final and conclusive by Section 1222.
   (2) From an order made after a judgment made appealable by
paragraph (1).
   (3) 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.
   (4) From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.
   (5) From an order discharging or refusing to discharge an
attachment or granting a right to attach order.
   (6) From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.
   (7) From an order appointing a receiver.
   (8) From an interlocutory judgment, order, or decree, hereafter
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.
   (9) From an interlocutory judgment in an action for partition
determining the rights and interests of the respective parties and
directing partition to be made.
   (10) From an order made appealable by  the provisions of
 the Probate Code or the Family Code.
   (11) 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).
   (12) 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).
   (13) From an order granting or denying a special motion to strike
under Section 425.16.
   (b) Sanction orders or judgments of five thousand dollars ($5,000)
or less against a party or an attorney for a party may be reviewed
on an appeal by that party after entry of final judgment in the main
action, or, at the discretion of the court of appeal, may be reviewed
upon petition for an extraordinary writ.