Is denial of motion for summary adjudication appealable?

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1. Licensed in CA

   

   Michael DaymudePro

   Sherman Oaks Litigation Lawyer

   Contributor Level 20

   

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   Answered February 01, 2013 15:57. 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.

   I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... moreI am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference less

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2. Licensed in CA

   

   J Ferrari

   Los Angeles Immigration Attorney

   Contributor Level 20

   5

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   Answered February 01, 2013 17:45. 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... moreJ 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. less

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3. Licensed in CA

   

   Constantine Buzunis

   San Diego Lawsuit / Dispute Attorney

   Contributor Level 17

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   Answered February 01, 2013 17:43. I agree with attorney Daymude.

   Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... moreLegal 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. less

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