Is a motion to vacate an order denying the motion not appealable?

California, United States of America


The following excerpt is from People v. Watts, C081494 (Cal. App. 2016):

Since the order denying his petition is not appealable, we must dismiss the appeal. An order denying a motion to vacate "ordinarily is not appealable when the appeal would merely bypass or duplicate appeal from the judgment itself." (People v. Gallardo (2000) 77 Cal.App.4th 971, 981.) "Several exceptions have modified this general prohibition, however, including a narrow exception when the record on appeal would not have shown the error, and an exception for attacks upon void judgments." (Ibid.) Additionally, "appellate courts may, when circumstances warrant, entertain appeals from rulings denying motions to vacate judgments. The standards for accepting such appeals are similar to those applied by the courts when deciding whether to review on the merits claims made by a petition for extraordinary writ." (Ibid.) But we find no exception applicable here, nor do the circumstances warrant entertaining an appeal.

Page 3

The appeal is dismissed.

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