Can an appeal from a motion to vacate an appealable judgment be brought?

California, United States of America


The following excerpt is from Lee v. Taiwanese Am. Seniors Ass'n of S. Cal., B287716 (Cal. App. 2018):

Relying on Litvinuk v. Litvinuk (1945) 27 Cal.2d 38, 43-44, plaintiff contends an appeal from a denial of a motion to vacate an appealable judgment cannot be brought if the grounds upon which the party sought to have the judgment vacated existed before entry of judgment. But defendant's appeal from the section 473(b) order does not raise the same issues as would an appeal from the judgment. Defendant seeks relief from the judgment and order based on the grounds of mistake, inadvertence, surprise, and excusable neglect.

Other Questions


What is the test for a motion to vacate a judgment in the Superior Court of Appeal while an appeal is pending? (California, United States of America)
Can a motion denying a motion to vacate a judgment be appealed? (California, United States of America)
Is there any grounds of appeal for appeal against a motion of appeal brought by defendant in his personal injury case? (California, United States of America)
Is a motion denying a motion to vacate a previous judgment an appealable order? (California, United States of America)
In a motion before the Superior Court of Justice to vacate a judgment against an appellant, what is the effect of the judgment against the appellant on the motion to withdraw his plea? (California, United States of America)
Can a motion to vacate or amend a judgment which is no judgment be appealed? (California, United States of America)
Can a document which purported to take an appeal from the order denying the motion to vacate and the motion for a new trial be considered an appeal? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Is a motion to modify a sentence in a personal injury case an unauthorized and unauthorized appeal from the order of the Superior Court of Appeal denying the motion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.