Legal Question in Civil Litigation in California

is there a way of appealing a minute order in California Law


Asked on 6/10/11, 8:47 pm

3 Answers from Attorneys

Herb Fox Law Office of Herb Fox

That depends on what the minute order is about (some orders are appealable; many are not), and also on whether the order itself directs a party to prepare a formal order (in which case you would appeal from the formal order).

Further, even if it is not "appealable", it might be reviewable by way of an appellate writ petition. In fact, some orders can only be reviewed by way of a writ petition, and your failure to attempt that form of review can prevent you from raising the issue of the order in a later appeal from the final judgment.

In short, your question is too ambiguous for a definitive response. You might consider consulting with an appellate expert (such as myself) as to whether the order is reviewable by appeal or by writ, and as to whether such an effort is likely to result in a favorable appellate court ruling. But you must act quickly - some writ deadlines are as short as 10 days!

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Answered on 6/10/11, 9:28 pm
Edward Hoffman Law Offices of Edward A. Hoffman

What matters is the substance of the order, not the form. A minute order can say just about anything. Some are appealable and some are not. But even if the order is not appealable, you may be able to persuade the Court of Appeal to grant writ review.

Please feel free to contact me directly if you want to discuss the specific order in your case. I am a certified appellate specialist (per the State Bar's Board of Legal Specialization) with many years of experience in the field.

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Answered on 6/10/11, 10:54 pm
Anthony Roach Law Office of Anthony A. Roach

It depends on the minute order and the procedural circumstances of the case.

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Answered on 6/11/11, 3:47 am


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