Q: What CCP defines that interlocutory order on motion for reconsideration is appealable?
What CCP defines that interlocutory order on motion for reconsideration is appealable?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, an order denying a motion for reconsideration is generally not independently appealable according to CCP § 1008(g).
However, you can find the relevant provisions regarding appealable orders in California Code of Civil Procedure § 904.1. This section outlines which interlocutory judgments and orders are appealable, though it does not explicitly list reconsideration orders among them.
The key point to understand is that while the order itself may not be separately appealable, you can typically challenge the underlying order that was the subject of your reconsideration motion when you appeal the final judgment. If timing is critical, you might want to consider filing a writ petition instead of waiting for the final judgment to appeal. Consider consulting with an attorney to discuss your specific situation and determine the best strategy for your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
