What is the legal test for an appeal from a judgment determining the validity of a third-party claim?
California, United States of America
The following excerpt is from Chrysler Credit Corp. v. Superior Court, 17 Cal.App.4th 1303, 22 Cal.Rptr.2d 37 (Cal. App. 1993):
An appeal from this order is premature. The appeal should be taken from a judgment determining the validity of the third-party claim. (Code Civ.Proc., 720.420.) There appears, however, to be no real issue as to the validity of the third-party claims; rather, the only issue of any substance was whether third parties were entitled to satisfy their claims out of the account at issue. The order, therefore, in determining that third parties were so entitled, has the same practical effect as a final judgment determining the validity of the third-party claims. In the interest of justice, we will treat the appeal as a petition for writ of mandate to compel the superior court to vacate its order and will consider the issues presented. (See Branham v. State Farm Mut. Auto. Ins. Co. (1975) 48 Cal.App.3d 27, 32, 121 Cal.Rptr. 304.)
Factual/Procedural Background
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