Legal Question in Appeals and Writs in California
appeal
is the order denying summary judgement and ordering a new trial
appealable?
Asked on 12/21/08, 6:16 pm
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: appeal
No. Such an order is only reviewable via writ petition.
Answered on 12/21/08, 9:23 pm
Steven Murray
Steven W. Murray, APC
Re: appeal
You must have the descriptions mixed up, for if the summary judgment was ordered denied, there would be no need for a new trial motion. The denail of a summary judgment motion means the case will proceed to trial as there are facts to be decided by the trier of fact. The way to challenge the denial order is by extraordinary writ to the appellate court. There are time limits to do this so make sure you follow the procedures to the letter.
Answered on 12/22/08, 3:21 pm
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