Howard

Howard v. Spruce Holdings CA5

Good Law
Court of Appeal of CaliforniaSeptember 18, 2015F069073California3,536 words

Opinion

Opinion

DISCUSSION

I. Appealability

“‘A reviewing court has jurisdiction over a direct appeal only when there is (1) an appealable order or (2) an appealable judgment. [Citations.]’ [Citation.] Regardless of whether an appealability challenge is raised, ‘[t]he existence of an appealable judgment is a jurisdictional prerequisite to an appeal. A reviewing court must raise the issue on its own initiative whenever a doubt exists as to whether the trial court has entered a final judgment or other order or judgment made appealable by Code of Civil Procedure section 904.1.’” (Critzer v. Enos (2010) 187 Cal.App.4th 1242, 1250 (Critzer).) The notice of appeal indicates the appeal is from the March 4, 2014, order, which was the order denying plaintiff’s motion for reconsideration of the order enforcing the settlement agreement. Generally, a motion for reconsideration is not separately appealable, but “if the order that was the subject of a motion for reconsideration is appealable, the denial of the motion for reconsideration is reviewable as part of an appeal

3. from that order.” (Code Civ. Proc., § 1008, subd. (g).)2 Here, the notice of appeal did not indicate plaintiff was appealing from…

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