Lester

Lester v. Lennane

Bad Law
101 Cal. Rptr. 2d 86·2000 Cal. App. LEXIS 834·2000 Daily Journal DAR 11625·84 Cal. App. 4th 536·2000 Cal. Daily Op. Serv. 8801
Court of Appeal of CaliforniaOctober 31, 2000C030662, C031941, C032406California20,893 words

Opinion

Opinion

Sims, J.

In this child custody case, appellant James P. Lennane appeals from a series of orders made in the family court. In case No. C030662, Lennane appeals from a pretrial order made on July 22, 1998, limiting him to one hour a day of visitation with the newborn child of Lennane and respondent Judith Lester. In case No. C031941, Lennane appeals from a pretrial order made on November 13, 1998, also on the subject of temporary custody and visitation. In case No. C032406, Lennane appeals from a judgment after trial which awarded Lester primary physical custody of the child. We granted Lennane’s motion to consolidate the appeals.

We shall dismiss the appeals in case Nos. C030662 and C031941 because the orders from which Lennane purports to appeal are nonappealable; rather, immediate review can be sought only by petition for writ relief. Nevertheless, Lennane is entitled to challenge those orders via his subsequent appeal from the judgment. Although his challenges to those orders, made in his appeal from the judgment, would ordinarily be moot, we shall address them on the merits because they raise the serious charge of “gender bias” against a sitting judge of the family court.…

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