SECTIONS 901-914 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 901-914

901. A judgment or order in a civil action or proceeding may be
reviewed as prescribed in this title. The Judicial Council shall
prescribe rules for the practice and procedure on appeal not
inconsistent with the provisions of this title.

902. Any party aggrieved may appeal in the cases prescribed in this
title. A party appealing is known as an appellant, and an adverse
party as a respondent.

902.1. In any case in which a notice was required pursuant to
subdivision (e) of Section 664.5, the Attorney General shall have the
right to intervene and participate in any appeal taken therefrom.
These rights shall apply regardless of whether the Attorney General
participated in the case in the trial court. However, the Attorney
General has no direct right to appeal. If the Attorney General elects
not to intervene and participate in the appeal, he or she shall file
a statement with the Legislature and the Judicial Council stating
the reason or reasons for the decision not to intervene and
participate in the appeal. This statement may be in the form of an
annual report to the Legislature and Judicial Council and that report
shall be a matter of public record.

903. In the event of the death of any person who would, if still
alive, have a right of appeal, either the attorney of record
representing the decedent in the court in which the judgment was
rendered, or the executor or administrator of the estate of the
decedent, may file a notice of appeal therefrom within the time
within which the decedent could have filed such a notice if he had
survived.

904. An appeal may be taken in a civil action or proceeding as
provided in Sections 904.1, 904.2, 904.3, and 904.5.

904.1. (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) From an order made after a judgment made appealable by
paragraph (1).
(3) From an order granting a motion to quash service of summons or
granting a motion to stay the action on the ground of inconvenient
forum, or from a written order of dismissal under Section 581d
following an order granting a motion to dismiss the action on the
ground of inconvenient forum.
(4) From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.
(5) From an order discharging or refusing to discharge an
attachment or granting a right to attach order.
(6) From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.
(7) From an order appointing a receiver.
(8) From an interlocutory judgment, order, or decree, hereafter
made or entered in an action to redeem real or personal property from
a mortgage thereof, or a lien thereon, determining the right to
redeem and directing an accounting.
(9) From an interlocutory judgment in an action for partition
determining the rights and interests of the respective parties and
directing partition to be made.
(10) From an order made appealable by the provisions of the
Probate Code or the Family Code.
(11) From an interlocutory judgment directing payment of monetary
sanctions by a party or an attorney for a party if the amount exceeds
five thousand dollars ($5,000).
(12) From an order directing payment of monetary sanctions by a
party or an attorney for a party if the amount exceeds five thousand
dollars ($5,000).
(13) From an order granting or denying a special motion to strike
under Section 425.16.
(b) Sanction orders or judgments of five thousand dollars ($5,000)
or less against a party or an attorney for a party may be reviewed
on an appeal by that party after entry of final judgment in the main
action, or, at the discretion of the court of appeal, may be reviewed
upon petition for an extraordinary writ.

904.2. An appeal of a ruling by a superior court judge or other
judicial officer in a limited civil case is to the appellate division
of the superior court. An appeal of a ruling by a superior court
judge or other judicial officer in a limited civil case may be taken
from any of the following:
(a) From a judgment, except (1) an interlocutory judgment, or (2)
a judgment of contempt that is made final and conclusive by Section
1222.
(b) From an order made after a judgment made appealable by
subdivision (a).
(c) From an order changing or refusing to change the place of
trial.
(d) From an order granting a motion to quash service of summons or
granting a motion to stay the action on the ground of inconvenient
forum, or from a written order of dismissal under Section 581d
following an order granting a motion to dismiss the action on the
ground of inconvenient forum.
(e) From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.
(f) From an order discharging or refusing to discharge an
attachment or granting a right to attach order.
(g) From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.
(h) From an order appointing a receiver.

904.3. An appeal shall not be taken from a judgment of the
appellate division of a superior court granting or denying a petition
for issuance of a writ of mandamus or prohibition directed to the
superior court, or a judge thereof, in a limited civil case or a
misdemeanor or infraction case. An appellate court may, in its
discretion, upon petition for extraordinary writ, review the
judgment.

904.5. Appeals from the small claims division of a superior court
shall be governed by the Small Claims Act (Chapter 5.5 (commencing
with Section 116.110) of Title 1 of Part 1).

906. Upon an appeal pursuant to Section 904.1 or 904.2, the
reviewing court may review the verdict or decision and any
intermediate ruling, proceeding, order or decision which involves the
merits or necessarily affects the judgment or order appealed from or
which substantially affects the rights of a party, including, on any
appeal from the judgment, any order on motion for a new trial, and
may affirm, reverse or modify any judgment or order appealed from and
may direct the proper judgment or order to be entered, and may, if
necessary or proper, direct a new trial or further proceedings to be
had. The respondent, or party in whose favor the judgment was given,
may, without appealing from such judgment, request the reviewing
court to and it may review any of the foregoing matters for the
purpose of determining whether or not the appellant was prejudiced by
the error or errors upon which he relies for reversal or
modification of the judgment from which the appeal is taken. The
provisions of this section do not authorize the reviewing court to
review any decision or order from which an appeal might have been
taken.

907. When it appears to the reviewing court that the appeal was
frivolous or taken solely for delay, it may add to the costs on
appeal such damages as may be just.

908. When the judgment or order is reversed or modified, the
reviewing court may direct that the parties be returned so far as
possible to the positions they occupied before the enforcement of or
execution on the judgment or order. In doing so, the reviewing court
may order restitution on reasonable terms and conditions of all
property and rights lost by the erroneous judgment or order, so far
as such restitution is consistent with rights of third parties and
may direct the entry of a money judgment sufficient to compensate for
property or rights not restored. The reviewing court may take
evidence and make findings concerning such matters or may, by order,
refer such matters to the trial court for determination.

909. In all cases where trial by jury is not a matter of right or
where trial by jury has been waived, the reviewing court may make
factual determinations contrary to or in addition to those made by
the trial court. The factual determinations may be based on the
evidence adduced before the trial court either with or without the
taking of evidence by the reviewing court. The reviewing court may
for the purpose of making the factual determinations or for any other
purpose in the interests of justice, take additional evidence of or
concerning facts occurring at any time prior to the decision of the
appeal, and may give or direct the entry of any judgment or order and
may make any further or other order as the case may require. This
section shall be liberally construed to the end among others that,
where feasible, causes may be finally disposed of by a single appeal
and without further proceedings in the trial court except where in
the interests of justice a new trial is required on some or all of
the issues.

911. A court of appeal may order any case on appeal to a superior
court in its district transferred to it for hearing and decision as
provided by rules of the Judicial Council when the superior court
certifies, or the court of appeal determines, that the transfer
appears necessary to secure uniformity of decision or to settle
important questions of law.
No case in which there is a right on appeal to a trial anew in the
superior court shall be transferred pursuant to this section before
a decision in the case becomes final therein.
A court to which any case is transferred pursuant to this section
shall have similar power to review any matter and make orders and
judgments as the appellate division of the superior court would have
in the case, except that if the case was tried anew in the superior
court, the court of appeal shall have similar power to review any
matter and make orders and judgments as it has in a case appealed
pursuant to Section 904.1.

912. Upon final determination of an appeal by the reviewing court,
the clerk of the court shall remit to the trial court a certified
copy of the judgment or order of the reviewing court and of its
opinion, if any. The clerk of the trial court shall file the
certified copy of the judgment and opinion of the reviewing court,
shall attach that copy to the judgment roll if the appeal was from a
judgment, and shall enter a note of the judgment of the reviewing
court stating whether the judgment or order appealed from has been
affirmed, reversed or modified, in the margin of the original entry
of the judgment or order, and also in the register of actions.

913. The dismissal of an appeal shall be with prejudice to the
right to file another appeal within the time permitted, unless the
dismissal is expressly made without prejudice to another appeal.

914. When the right to a phonographic report has not been waived
and when it shall be impossible to have a phonographic report of the
trial transcribed by a stenographic reporter as provided by law or by
rule, because of the death or disability of a reporter who
participated as a stenographic reporter at the trial or because of
the loss or destruction, in whole or in substantial part, of the
notes of such reporter, the trial court or a judge thereof, or the
reviewing court shall have power to set aside and vacate the
judgment, order or decree from which an appeal has been taken or is
to be taken and to order a new trial of the action or proceeding.