Schneider National v. Ellis CA4/3

DISCUSSION

Respondents offer five grounds for dismissing this latest appeal, but the first and most obvious one suffices: The appeal is from a nonappealable order. Section 170.3, subdivision (d) provides: “The determination of the question of the disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal” sought within 10 days of

3 notice to the parties of the decision and only by the parties to the proceeding. (See People v. Mayfield (1997) 14 Cal.4th 668, 811 [a writ petition is the exclusive means for reviewing an order granting or denying judicial disqualification]; People v. Hull (1991) 1 Cal.4th 266, 276.) Appellate courts lack jurisdiction to entertain an appeal from a nonappealable judgment or order. (Canandaigua Wine Co., Inc. v. Cty of Madera (2009) 177 Cal. App. 4th 298, 302 [“if the order or judgment is not appealable, the appeal must be dismissed”].) Consequently, the appeal must be dismissed.

DISPOSITION

The appeal is dismissed. The request for sanctions is denied. Costs on appeal are awarded to respondents.

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