Can an order denying a motion to vacate a prior order setting aside default be appealed?

California, United States of America


The following excerpt is from Abernethy v. Hagendorf, G056462 (Cal. App. 2020):

Taliaferro v. Davis (1963) 216 Cal.App.2d 860 (Taliaferro), which plaintiff cites, is distinguishable. In Taliaferro, the court found an order denying the appellant's motion to vacate a prior order setting aside default was not appealable because the order setting aside default was itself appealable. (Id. at p. 863.) It did not address section 904.1, subdivision (a)(5), which allows an appeal from an order refusing to discharge an attachment. The instant case accordingly bears little resemblance to Taliaferro.

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