What is the test for waiving a right to appeal?

California, United States of America


The following excerpt is from Bank of Am., N.A. v. Maguire, 2d Civil No. B263603 (Cal. App. 2016):

A party may waive the right to appeal. But any waiver must be "clear and express" and any doubt "will be resolved against a waiver." (Guseinov v. Burns (2006) 145 Cal.App.4th 944, 952-953.)

The Stipulation provides, "[T]his Stipulation and any judgment entered thereon shall be non-appealable." (Italics added.)

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