Moles

Moles v. Pyle CA5

Good Law
Court of Appeal of CaliforniaAugust 26, 2014F067378California329 words

Opinion

Opinion

Detjen, J.

DISCUSSION

Pyle appeals from the order denying his motion for reconsideration.5 Our threshold concern is whether this order is appealable. “The existence of an appealable order or judgment is a jurisdictional prerequisite to an appeal.” (Canandaigua Wine Co., Inc. v. County of Madera (2009) 177 Cal.App.4th 298, 302.) “Accordingly, if the order or judgment is not appealable, the appeal must be dismissed.” (Ibid.) The case law has firmly established that orders denying a motion for reconsideration are not appealable. (See, e.g., Powell v. County of Orange, supra, 197 Cal.App.4th at p. 1576; Branner v. Regents of University of California (2009) 175 Cal.App.4th 1043, 1050; Association for Los Angeles Deputy Sheriffs v. County of Los Angeles (2008) 166 Cal.App.4th 1625, 1633; Morton v. Wagner (2007) 156 Cal.App.4th 963, 968; Hughey v. City of Hayward (1994) 24 Cal.App.4th 206, 210.) “[T]o hold otherwise would permit, in effect, two

“The name of a motion is not controlling, and, regardless of the name, a motion asking the trial court to decide the same matter previously ruled on is a motion for reconsideration under Code of Civil Procedure section 1008.” (Powell v. County of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.