Can an appeal lie from a denial of a motion to vacate a judgment?
California, United States of America
The following excerpt is from Breitman v. Molinar, B254716 (Cal. App. 2014):
The general principle is that an appeal does not lie from a denial of a motion to vacate a judgment if the prior judgment was appealable and the grounds on which vacation is sought existed before entry of judgment. In that instance, the correctness of the judgment can be reviewed only on an appeal from the judgment itself. (Payne v. Rader (2008) 167 Cal.App.4th 1569, 1576.)
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