Dagning

Dagning v. Nursetech CA3

Good Law
Court of Appeal of CaliforniaDecember 17, 2014C071927California444 words

Opinion

Opinion

DISCUSSION

Plaintiffs contend the appeal must be dismissed because the order appealed from was not appealable. We agree. It is the appellant’s burden to explain why the order appealed from is appealable. (Cal. Rules of Court, rule 8.204(a)(2)(B); Lester v. Lennane (2000) 84 Cal.App.4th 536, 557.) Securitas’s explanation of appealability, in its entirety, is as follows: “This is an appeal from a final order made appealable by Code of Civil Procedure section 904.1 [subdivision] (a)(1).” Code of Civil Procedure section 904.1, subdivision (a)(1) provides in full: “(a) An appeal, other than in a limited civil case, is to the court of appeal. An appeal, other than in a limited civil case, may be taken from any of the following: [¶] (1) From a judgment, except (A) an interlocutory judgment, other than as provided in paragraphs (8), (9), and (11), or (B) a judgment of contempt that is made final and conclusive by Section 1222.”

2 Thus, the particular statute cited by Securitas, Code of Civil Procedure section 904.1, subdivision (a)(1), makes judgments appealable. With respect to this subdivision, the obvious issue is that the trial court’s minute order “dropping” Securitas’s motion was…

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