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Is denial of motion for summary adjudication appealable?

Hawthorne, CA |

My company sued two suppliers for breach of contract and fraud (failure to provide goods on time). We tried for summary adjudication on breach of contract but was denied because Judge there is a disputed fact. Can I appeal the decision? (I understand summary judgment - for the whole case- can be appealed). Thanks.

Attorney Answers 3


In nearly all cases, and especially CA state cases, the answer is no -- you cannot appeal a denial of a motion for summary judgment. It simply is not an appealable order or judgment.

If you are in federal court under certain limited circumstances where the denial is based upon a purely legal question (not your facts here because the denial was based on a disputed fact) some circuits will allow you to file a direct appeal.

In CA state court you may find some relief if the issue is purely a legal one through a writ of mandate. Again, that would not be your route since there are disputed facts.

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I agree with attorney Daymude.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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No, your remedy is to go to trial.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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