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eBook details

• Title: Walker V. Los Angeles County Metropolitan Transportation Authority
• Author : In the Supreme Court of California
• Release Date : January 03, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 84 KB

Description

An order denying a motion for new trial is non-appealable. (Rodriguez v. Barnett (1959) 52 Cal.2d 154, 156 (Rodriguez).) Such an order, however, may be reviewed on appeal from the underlying judgment. (Code of Civ. Proc., § 906; Hamasaki v. Flotho (1952) 39 Cal.2d 602, 608.) In this case, we must decide what should be done when a party's notice of appeal states only that the appeal is from the order denying a new trial. Should the Court of Appeal summarily dismiss the appeal as being from a non-appealable order? Or should the Court of Appeal construe the notice to encompass the underlying appealable judgment? We conclude that where " `it is reasonably clear what appellant was trying to appeal from' " and "no prejudice would accrue to the respondent" (Vibert v. Berger (1966) 64 Cal.2d 65, 68), the Court of Appeal should treat the notice as an appeal from the underlying judgment. We therefore reverse the Court of Appeal, which had dismissed the appeal without considering whether the notice satisfied this test.

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