The Baker's Inc. v. FAS Realty CA1/3

DISCUSSION

“An appeal may be taken only by a party who has standing to appeal. [Citation.] This rule is jurisdictional.” (Sabi v. Sterling (2010) 183 Cal.App.4th 916, 947.) The rule is codified in section 902 of the Code of Civil Procedure, which provides in relevant part that “[a]ny party aggrieved may appeal . . . .” (Italics added.) Thus, in order to have standing to appeal, an appellant must be both (1) a party and (2) legally aggrieved. (See Eisenberg et al., Cal. Practice Guide: Civil Appeals and Writs (The Rutter Group 2011) ¶ 2:270.1, p. 2-139.) As a general matter, only parties of record in the trial court have standing to appeal. (See County of Alameda v. Carleson (1971) 5 Cal.3d 730, 736.) “A party of record is a person named as a party to the proceedings or one who takes appropriate steps to become a party of record in the proceedings.” (In re Joseph G. (2000) 83 Cal.App.4th 712, 715.) A party is considered aggrieved if that party‟s “right or interests are injuriously affected by the judgment.” (County of Alameda v. Carleson, supra, 5 Cal.3d at p. 737.) The interest “ „ “must be immediate, pecuniary, and substantial and not nominal or a remote consequence of the…