Is a postjudgment order denying a motion to set aside the judgment appealable?

California, United States of America


The following excerpt is from Castorino-Heer v. Jpmorgan Chase Bank, N.A., G050966 (Cal. App. 2016):

We begin by dispensing with a frivolous argument made by defendants. Defendants argue the notice of appeal was untimely. Their entire argument is premised on plaintiff appealing from the judgment. The notice of appeal could not be more clear, however, that plaintiff appeals from the postjudgment order denying the motion to set aside the judgment. Defendants do not contest the appealability of that order, nor could they. (Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 611 ["An order denying a motion to vacate a judgment or dismissal under section 473 is appealable"].) Nor do defendants contend the notice of appeal was untimely as to that order.

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