Marriage of Svendsen CA4/1

DISCUSSION

As the Court of Appeal stated in Lester v. Lennane (2000) 84 Cal.App.4th 536,

559-560 (Lester), "A temporary custody order is interlocutory by definition, since it is

made pendente lite with the intent that it will be superseded by an award of custody after

trial. [Citations.] Code of Civil Procedure section 904.1 bars appeals from interlocutory

judgments or orders 'other than as provided in paragraphs (8), (9), and 11. . . .' [Citation.]

Temporary custody orders are not listed in any of those paragraphs. Therefore, this

statute bars the appealability of such orders." (Fn. omitted.)

In her statement of appealability, however, Ann asserts that because the temporary

custody order also determined child support, it is appealable as a "collateral order." This

contention is unavailing.

"One exception to the 'one final judgment' rule codified in Code of Civil

Procedure section 904.1 is the so-called collateral order doctrine. Where the trial court's

ruling on a collateral issue 'is substantially the same as a final judgment in an independent

proceeding' [citation], in that it leaves the court no further action to take on 'a…