Scope of exceptions from appeals pursuant section 906.

Question

Section 906 does not authorize to review any decision or order from which an appeal MIGHT BEEN TAKEN.  
This mean that appeal should have been taken before, or appeal that was taken should not be revisited? 
 
Particularly, if during lawsuit dismissal was entered against one of defendants; and motion to set aside was denied - can this order be appealed post-judgement?

James L. Arrasmith · Answer

The limitation in Section 906 of the California Code of Civil Procedure means you cannot use a later appeal to challenge earlier orders that could have been appealed at the time they were made. This is often referred to as the "one shot rule" - you must take your appeal when the opportunity first arises. 
 
In your specific situation regarding the dismissal of one defendant and denial of the motion to set it aside, these orders would typically need to have been appealed within the statutory timeframe after they occurred. If you wait until after final judgment to try to appeal these earlier orders, the court will likely find that Section 906 bars review because you could have appealed them previously. 
 
However, there are some important exceptions to consider. If the earlier orders were not immediately appealable when made (like certain interlocutory orders), or if they are inextricably intertwined with issues properly raised in the final appeal, the appellate court may still review them. Given the complexity of appellate procedure and timing requirements, consulting with an experienced appeals attorney would be valuable to evaluate your specific circumstances and options.

Q: Scope of exceptions from appeals pursuant section 906.