Q: What code section or other authority authorizes appeal of the following court's orders...?
What code section or other authority authorizes appeal of court's order granting a summary judgement motion?
What code section or other authority authorizes appeal of court's order granting dismissal after order sustaining demurrer?
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A:
Appeals from orders granting summary judgment and dismissals after sustained demurrers are governed by Code of Civil Procedure (CCP) § 904.1(a)(1). This statute authorizes appeals from final judgments, and both types of orders you mentioned qualify as appealable final judgments once they are properly entered.
For summary judgments specifically, the order granting summary judgment is not immediately appealable - you must wait until judgment is actually entered. Once the judgment is entered following the order granting summary judgment, it becomes appealable under CCP § 904.1(a)(1). Similarly, an order sustaining a demurrer without leave to amend is not itself appealable, but the subsequent dismissal judgment is appealable under the same code section.
The time to file your notice of appeal is governed by California Rules of Court, Rule 8.104. Generally, you have 60 days after service of notice of entry of judgment or 180 days after entry of judgment, whichever is earlier. Make sure to carefully track these deadlines, as the right to appeal can be lost if not exercised timely. Consider consulting with legal counsel to ensure all procedural requirements are met.
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