Appeals Generally

Code of Civil Procedure Part 2, Title 13, Chapter 1 deals with appeals in general in appeals in civil actions.

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

Section 902 authorizes any party aggrieved to appeal in the cases prescribed in this title. A party appealing is known as an appellant, and an adverse party as a respondent.

Section 902.1 states that, in any case in which a notice was required, the Attorney General has the right to intervene and participate in any appeal taken. These rights apply regardless of whether the AG participated in the case in the trial court. However, the Attorney General has no direct right to appeal.

Section 903 says that, 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.

Section 904 states that an appeal may be taken in a civil action or proceeding.

Section 904.1 provides that 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 14 specified actions. Sanction orders or judgments of $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.

Section 904.2 specifies that 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 eight specified actions.

Section 904.3 prohibits an appeal from being 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, in a limited civil case or a misdemeanor or infraction case. An appellate court may upon petition for extraordinary writ, review the judgment.

Section 904.5 requires appeals from the small claims division of a superior court to be governed by the Small Claims Act.

Section 906 states that, upon an appeal, 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. 

Section 907 says that, 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.

Section 908 states that, 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.

Section 909 provides that, 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.

Section 911 authorizes a court of appeal to 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.

Section 912 provides that, upon final determination of an appeal by the reviewing court, the clerk of the court is required to 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 must file specified documents.

Section 913 requires the dismissal of an appeal to 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.

Section 914 specifies that, when the right to a phonographic report has not been waived and when it is 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, of the notes of such reporter, the trial court or a judge has 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.