A judgment or order in a civil action or proceeding may be reviewed as prescribed in this title. The Judicial Council shall prescribe rules for the practice and procedure on appeal not inconsistent with the provisions of this title.
Appeals in Civil ActionsAppeals in General
Section § 901
In civil cases, if you want to challenge a judgment or order through an appeal, you need to follow the rules set out in this title. The Judicial Council is responsible for creating detailed rules for how appeals should work, but these must align with the overall guidelines of this title.
civil action review judgment appeal appeal practice
Section § 902
This section explains that if you are unhappy with a court decision, called being 'aggrieved,' you can appeal the decision if it's allowed by law. The person who appeals is called the appellant, and the person on the other side is the respondent.
Any party aggrieved may appeal in the cases prescribed in this title. A party appealing is known as an appellant, and an adverse party as a respondent.
appeal process aggrieved party appellant
Section § 902.1
This law says that when certain legal notices need to be given, the Attorney General in California can choose to join and take part in any related appeal, even if they weren't involved initially in the case. However, the Attorney General can't start an appeal themselves. If they decide not to join an appeal, they must explain why to the Legislature and the Judicial Council, and this explanation becomes public record, possibly as part of an annual report.
In any case in which a notice was required pursuant to subdivision (e) of Section 664.5, the Attorney General shall have the right to intervene and participate in any appeal taken therefrom. These rights shall apply regardless of whether the Attorney General participated in the case in the trial court. However, the Attorney General has no direct right to appeal. If the Attorney General elects not to intervene and participate in the appeal, he or she shall file a statement with the Legislature and the Judicial Council stating the reason or reasons for the decision
not to intervene and participate in the appeal. This statement may be in the form of an annual report to the Legislature and Judicial Council and that report shall be a matter of public record.
Attorney General intervene participate
Section § 903
If someone who had the right to appeal a court decision passes away, the person handling their estate or their lawyer can still file an appeal for them. They must do it within the time the deceased person could have appealed if they were still alive.
In the event of the death of any person who would, if still alive, have a right of appeal, either the attorney of record representing the decedent in the court in which the judgment was rendered, or the executor or administrator of the estate of the decedent, may file a notice of appeal therefrom within the time within which the decedent could have filed such a notice if he had survived.
right of appeal death of appellant executor
Section § 904
This law states that in a civil case, you can appeal a decision according to the other related sections, specifically Sections 904.1, 904.2, 904.3, and 904.5.
An appeal may be taken in a civil action or proceeding as provided in Sections 904.1, 904.2, 904.3, and 904.5.
appeal process civil action appeals civil proceeding
Section § 904.1
This law explains when you can appeal a court decision to a higher court in non-limited civil cases. You can appeal from final judgments, certain intermediate (interlocutory) decisions, and specific orders like those dealing with dismissal, new trials, injunctions, or sanctions over $5,000. Special rulings, such as those regarding property rights, partition, probate, family matters, special motions to strike, and appeals related to child custody, are also covered. Fines or sanction orders of $5,000 or less can be appealed or reviewed via special procedures after the main case ends.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 904.1(a)(1) From a judgment, except an interlocutory judgment, other than as provided in paragraphs (8), (9), and (11), or a judgment of contempt that is made final and conclusive by Section 1222.
(2)CA Civil Procedure Code § 904.1(a)(2) From an order made after a judgment made appealable by paragraph (1).
(3)CA Civil Procedure Code § 904.1(a)(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)CA Civil Procedure Code § 904.1(a)(4) From an order granting a new trial or denying a motion for judgment notwithstanding the verdict.
(5)CA Civil Procedure Code § 904.1(a)(5) From an order discharging or refusing to discharge an attachment or granting a right to attach order.
(6)CA Civil Procedure Code § 904.1(a)(6) From an order granting or dissolving an injunction, or refusing to grant or dissolve an injunction.
(7)CA Civil Procedure Code § 904.1(a)(7) From an order appointing a receiver.
(8)CA Civil Procedure Code § 904.1(a)(8) From an interlocutory judgment, order, or decree, 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)CA Civil Procedure Code § 904.1(a)(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)CA Civil Procedure Code § 904.1(a)(10) From an order made appealable by the Probate Code or the Family Code.
(11)CA Civil Procedure Code § 904.1(a)(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)CA Civil Procedure Code § 904.1(a)(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)CA Civil Procedure Code § 904.1(a)(13) From an order granting or denying a special motion to strike under Sections 425.16 and 425.19.
(14)CA Civil Procedure Code § 904.1(a)(14) From a final order or judgment in a bifurcated proceeding regarding child custody or visitation rights.
(b)CA Civil Procedure Code § 904.1(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.
appeal eligibility interlocutory judgment final judgment
Section § 904.2
This law explains that if you want to appeal a decision made by a judge in certain smaller civil cases, you must do so to the appellate division of the superior court. You can appeal many kinds of decisions from these cases, like final judgments (excluding temporary judgments and contempt judgments made final by another law), certain post-judgment orders, changes or refusals to change where a trial is held, actions related to service of summons and dismissals, decisions about new trials, attachment orders, injunctions, and receiver appointments.
An appeal of a ruling by a superior court judge or other judicial officer in a limited civil case is to the appellate division of the superior court. An appeal of a ruling by a superior court judge or other judicial officer in a limited civil case may be taken from any of the following:
(a)CA Civil Procedure Code § 904.2(a) From a judgment, except (1) an interlocutory judgment, or (2) a judgment of contempt that is made final and conclusive by Section 1222.
(b)CA Civil Procedure Code § 904.2(b) From
an order made after a judgment made appealable by subdivision (a).
(c)CA Civil Procedure Code § 904.2(c) From an order changing or refusing to change the place of trial.
(d)CA Civil Procedure Code § 904.2(d) 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.
(e)CA Civil Procedure Code § 904.2(e) From an order granting a new trial or denying a motion for judgment notwithstanding the verdict.
(f)CA Civil Procedure Code § 904.2(f) From an order discharging or refusing to discharge an attachment or granting a right to attach order.
(g)CA Civil Procedure Code § 904.2(g) From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.
(h)CA Civil Procedure Code § 904.2(h) From an order appointing a receiver.
limited civil case appeals appellate division superior court rulings
Section § 904.3
You can't appeal a decision from a superior court's appellate division if it's about issuing or not issuing orders that tell the court or a judge what to do in minor civil or criminal cases. However, higher courts have the option to review such decisions if you specifically ask them to do so.
An appeal shall not be taken from a judgment of the appellate division of a superior court granting or denying a petition for issuance of a writ of mandamus or prohibition directed to the superior court, or a judge thereof, in a limited civil case or a misdemeanor or infraction case. An appellate court may, in its discretion, upon petition for extraordinary writ, review the judgment.
appeal appellate division superior court
Section § 904.5
If you want to appeal a decision made in small claims court, the rules you need to follow are found in the Small Claims Act. This is a specific set of guidelines starting at Section 116.110.
Appeals from the small claims division of a superior court shall be governed by the Small Claims Act (Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part 1).
small claims division appeals superior court
Section § 906
If you appeal a court decision in California, the higher court can review not just the main decision you're contesting, but also any related rulings that impact the case or your rights. This includes decisions like orders for a new trial. The court can affirm, reverse, modify, or order new proceedings. If you won the original case, you can ask the higher court to look at these issues to see if any mistakes hurt the appeal. However, the court can't review decisions that could have been appealed separately.
Upon an appeal pursuant to Section 904.1 or 904.2, the reviewing court may review the verdict or decision and any intermediate ruling, proceeding, order or decision which involves the merits or necessarily affects the judgment or order appealed from or which substantially affects the rights of a party, including, on any appeal from the judgment, any order on motion for a new trial, and may affirm, reverse or modify any judgment or order appealed from and may direct the proper judgment or order to be entered, and may, if necessary or proper, direct a new trial or further proceedings to be had. The respondent, or party in whose favor the judgment was given, may, without
appealing from such judgment, request the reviewing court to and it may review any of the foregoing matters for the purpose of determining whether or not the appellant was prejudiced by the error or errors upon which he relies for reversal or modification of the judgment from which the appeal is taken. The provisions of this section do not authorize the reviewing court to review any decision or order from which an appeal might have been taken.
appeal process reviewing court new trial
Section § 907
If a court finds that someone made an appeal just to waste time or without a good reason, it can require the person to pay extra penalties on top of the usual costs.
When it appears to the reviewing court that the appeal was frivolous or taken solely for delay, it may add to the costs on appeal such damages as may be just.
frivolous appeal delay tactic reviewing court
Section § 908
If a court decision is overturned or changed, the higher court can order that both parties be put back in their original positions before the decision was enforced. The court can arrange for the return of property and rights lost due to the incorrect decision, as long as this doesn't affect the rights of others. Additionally, the court can decide on money compensation for anything that can't be returned, and it can handle these matters itself or pass them back to the original trial court to sort out.
When the judgment or order is reversed or modified, the reviewing court may direct that the parties be returned so far as possible to the positions they occupied before the enforcement of or execution on the judgment or order. In doing so, the reviewing court may order restitution on reasonable terms and conditions of all property and rights lost by the erroneous judgment or order, so far as such restitution is consistent with rights of third parties and may direct the entry of a money judgment sufficient to compensate for property or rights not restored. The reviewing court may take evidence and make findings concerning such matters or may, by order, refer such matters to
the trial court for determination.
reversed judgment modified order reviewing court
Section § 909
This section allows a higher court to make new factual findings in cases where a jury trial wasn't required or was waived. The court can base these findings on the original evidence or even gather new evidence before making its decision. The goal is to resolve cases fully in one appeal, avoiding further trials unless justice demands it.
In all cases where trial by jury is not a matter of right or where trial by jury has been waived, the reviewing court may make factual determinations contrary to or in addition to those made by the trial court. The factual determinations may be based on the evidence adduced before the trial court either with or without the taking of evidence by the reviewing court. The reviewing court may for the purpose of making the factual determinations or for any other purpose in the interests of justice, take additional evidence of or concerning facts occurring at any time prior to the decision of the appeal, and may give or direct the entry of any judgment or order
and may make any further or other order as the case may require. This section shall be liberally construed to the end among others that, where feasible, causes may be finally disposed of by a single appeal and without further proceedings in the trial court except where in the interests of justice a new trial is required on some or all of the issues.
trial by jury waiver reviewing court factual determinations
Section § 911
This law allows a court of appeal to take over a case from a superior court to ensure that decisions are consistent across cases or to clarify significant legal questions. However, this transfer can't happen if there's still an opportunity for a new trial in the superior court until the decision there is final. Once transferred, the court of appeal can review and decide the case just like the superior court would have done. If the case had already had a new trial in superior court, the court of appeal treats it like a regular appeal case.
A court of appeal may order any case on appeal to a superior court in its district transferred to it for hearing and decision as provided by rules of the Judicial Council when the superior court certifies, or the court of appeal determines, that the transfer appears necessary to secure uniformity of decision or to settle important questions of law.
No case in which there is a right on appeal to a trial anew in the superior court shall be transferred pursuant to this section before a decision in the case becomes final
therein.
A court to which any case is transferred pursuant to this section shall have similar power to review any matter and make orders and judgments as the appellate division of the superior court would have in the case, except that if the case was tried anew in the superior court, the court of appeal shall have similar power to review any matter and make orders and judgments as it has in a case appealed pursuant to Section 904.1.
court of appeal case transfer superior court
Section § 912
After an appeal is decided, the higher court's clerk sends a certified copy of the decision to the lower court. The lower court's clerk then files it, notes the outcome in their records, and updates the original decision to show if it was confirmed, changed, or overturned.
Upon final determination of an appeal by the reviewing court, the clerk of the court shall remit to the trial court a certified copy of the judgment or order of the reviewing court and of its opinion, if any. The clerk of the trial court shall file the certified copy of the judgment and opinion of the reviewing court, shall attach that copy to the judgment roll if the appeal was from a judgment, and shall enter a note of the judgment of the reviewing court stating whether the judgment or order appealed from has been affirmed, reversed or modified, in the margin
of the original entry of the judgment or order, and also in the register of actions.
appeal decision reviewing court trial court
Section § 913
If your appeal is dismissed, you usually can't file another one unless the dismissal specifically says you can.
The dismissal of an appeal shall be with prejudice to the right to file another appeal within the time permitted, unless the dismissal is expressly made without prejudice to another appeal.
dismissal of an appeal with prejudice without prejudice
Section § 914
If you haven't given up your right to a phonographic (audio) report of a trial, and it turns out that this report can't be transcribed because the court reporter died, became disabled, or their notes were lost or destroyed, the court can cancel the previous judgment or decision and order a new trial.
When the right to a phonographic report has not been waived and when it shall be impossible to have a phonographic report of the trial transcribed by a stenographic reporter as provided by law or by rule, because of the death or disability of a reporter who participated as a stenographic reporter at the trial or because of the loss or destruction, in whole or in substantial part, of the notes of such reporter, the trial court or a judge thereof, or the reviewing court shall have power to set aside and vacate the judgment, order or decree from which an appeal has been taken or is to be taken and to order a new trial of the action or proceeding.
phonographic report new trial stenographic reporter
