Legal Question in Appeals and Writs in California

Re: How to appeal motion order

An order denying a motion for summary judgment is not appealable. You can only appeal from a final judgment, that is, after a trial. The remedy available to you now would be to petition the appellate court for a writ of mandate. Be sure to follow all of the rules which apply and watch your deadline for filing. The difference between an appeal and a writ is that the appellate court must hear an appeal but has discretion to deny a petition for a writ and usually will exercise that discretion very liberally. Therefore, it is unlikely that you will be successful and you would probably spend your time more productively if you prepared for trial rather than get sidetracked in the appellate court. The denial of a writ says nothing about the merits of your claims. It just means that the court does not want to deal with the issue at this time.

Re: How to appeal motion order

I agree completely with Mr. Beauvais's answer. I want to add, though, that *very* few writ petitions are granted. A writ petition is essentially a way to ask the Court of Appeal to let you jump ahead in line, instead of obtaining a final judgment and then filing a regular appeal. The appellate courts only accept such petitions under unusual circumstances, and the petitioner has to persuade the court that his/her case deserves such special treatment.

I work extensively in the Courts of Appeal and I would be pleased to discuss your case with you if you like. As Mr. Beauvais says, though, you might make better use of your time and resources by focusing on the trial court proceedings.