Is a postjudgment order that was entered after an appealable judgment itself appealable?

California, United States of America


The following excerpt is from Cont'l E. Fund Iv, LLC v. Crockett, D069652 (Cal. App. 2016):

An order entered after an appealable judgment is itself appealable under section 904.1, subdivision (a)(2). However, not every postjudgment order is appealable. (Lakin v. Watkins Associated Industries (1993) 6 Cal.4th 644, 651 (Lakin).) "To be appealable, a postjudgment order must satisfy two additional requirements. . . . [] The first requirement . . . is that the issues raised by the appeal from the order must be different from those arising from an appeal from the judgment. [Citation.] 'The reason for this general rule is that to allow the appeal from [an order raising the same issues as those raised by the judgment] would have the effect of allowing two appeals from the same ruling and might in some cases permit circumvention of the time limitations for appealing from the judgment.' [Citation.] . . . [] The second requirement . . . is that 'the order must either affect the judgment or relate to it by enforcing it or staying its execution.' [Citation.] Under this rule, a postjudgment order that does 'not affect the judgment or relate to its enforcement [is] not appealable . . . .' " (Id. at pp. 651-652.) In addition, the postjudgment order must not be preliminary to further proceedings and become subject to appeal after a future judgment. (Id. at p. 654.)

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