Halfway through a contract dispute, the judge issues an order that stops your company from selling one of its main products, and trial is months away. Do you have to live with that ruling until the case ends? In California, the answer depends on the type of ruling.
Final and interlocutory appeals in California
In most California cases, you can only appeal after the court enters a final judgment, the decision that resolves the whole case. This one final judgment rule keeps lawsuits from stalling over every ruling.
An interlocutory appeal, by contrast, challenges a ruling made while the case is still going. California allows these only for certain orders. If you appeal a ruling the law doesn’t cover, the Court of Appeal will generally dismiss it.
Rulings you can appeal right away
Some rulings matter too much to wait on. You can usually appeal right away from orders that:
- Grant or deny an injunction, which requires someone to act or stop acting
- Grant or deny an anti-SLAPP (strategic lawsuit against public participation) motion, which seeks early dismissal of claims tied to free speech
- Deny a request to send the dispute to arbitration
- Impose sanctions of more than $5,000
Skip a timely appeal of one of these orders, and you may lose the chance to challenge it later. Court orders also generally stay in effect during the appeal unless the court agrees to pause them.
Writ petitions for rulings you can’t appeal yet
For rulings you can’t appeal yet, a writ petition may offer another path. A writ asks the Court of Appeal to order the trial court to change its decision. Courts grant writs rarely and usually only when waiting for a final appeal wouldn’t repair the harm. Under California appellate procedure, deadlines are tight. A writ challenging a denied summary judgment motion generally has a 20-day filing window.
Factors that shape your appeal options
Where you’re litigating matters, too, since federal courts in California follow their own rules for early appeals. In state court, a notice of appeal is generally due within 60 days after formal notice of the ruling and no later than 180 days after the court enters it. Because an early appeal can increase litigation costs and prolong the dispute, proceeding toward trial is sometimes the more practical choice.
Early action after an unfavorable ruling
The smartest habit in litigation is treating each major ruling as a decision point. When a judge rules against you on an injunction, arbitration or another key motion, the clock may already be running, and a quick review keeps more options open.
If your business is facing a lawsuit and you have questions about appealing a court decision, reach out to a business litigation attorney in Redwood City, CA, who can review the ruling and explain your options.