Myers
Myers v. Sundby CA4/1
Opinion
Opinion
Rourke, J.
DISCUSSION
An order entered after an appealable judgment is itself appealable under Code of Civil Procedure section 904.1, subdivision (a)(2). However, “not every postjudgment order that follows a final appealable judgment is appealable. To be appealable, a postjudgment order must satisfy two additional requirements.” (Lakin v. Watkins Associated Industries (1993) 6 Cal.4th 644, 651.) 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.” (Ibid.) The second is “that ‘the order must either affect the judgment or relate to it by enforcing it or staying its execution.’ ” (Id. at
3 pp. 651–652.) A postjudgment order “affects” the judgment or “relates to its enforcement” when “it determines the rights and liabilities of the parties arising from the judgment, is not preliminary to later proceedings, and will not become subject to appeal after some future judgment.” (Id. at p. 656.) Dale did not address why the postjudgment order striking his motion to intervene is appealable in his opening brief. Dale addresses this issue in his reply brief, contending that this postjudgment order is…