Does a motion denying the motion to vacate need to be appealed?

California, United States of America


The following excerpt is from People v. Cont'l Heritage Ins. Co., G047091 (Cal. App. 2013):

1. The order denying the motion to vacate was made on June 7, 2012. The notice of appeal was filed two weeks later on June 21, 2012 and is taken from the denial order of June 7. Even though a summary judgment formally providing that the County of Orange could recover the amount of the forfeited bail was filed in the interim, on June 18, 2012, the order denying the motion to vacate is appealable in its own right. (People v. Wilcox (1960) 53 Cal.2d 651, 654-655 ["The forfeiture of bail is an independent, collateral matter, civil in nature, and the effect of an order on a motion to set aside such a forfeiture is substantially a final determination at the trial court level of issues affecting the surety, aside from the principal matter before the court. . . . But appeals, after the denial of a motion to set aside a forfeiture, have been entertained without question of the appealability of such orders."].)

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