Non-Aggrieved Party Lacks Standing to Appeal

  The right to appeal is purely statutory. Code of Civil Procedure section 902 defines who may appeal from a judgment. The statute provides that “any party aggrieved” may appeal from an adverse judgment. The test is twofold. One must be both: 1) a party of record to the action; and 2) aggrieved — to have standing to appeal. Thus, notwithstanding an appealable judgment or order, an appeal may be taken only by a party who has standing to appeal. Standing is a jurisdictional requirement and cannot be waived.

  One is considered aggrieved whose rights or interests are injuriously affected by the order or judgment in an immediate and substantial way, and not as a nominal or remote consequence of the decision. [See, In re K.C.] Conversely, a party who is not aggrieved by an order or judgment has no standing to attack it on appeal. Injurious effect on another party is insufficient to give rise to appellate standing. Appellate courts provide relief for appellants who have been wronged by trial court error – not for appellants that have suffered no wrong but instead seek to advance the interests of others who have not complained. Continue reading

Revival Validates Earlier Timely Notice of Appeal Filed When Corporate Powers Suspended

  The California Supreme Court affirms, in Bourhis v. Lord,  that a corporation whose powers have been suspended for failure to pay taxes may file a notice of appeal and proceed with the appeal provided those powers have been revived — even if the revival occurs after the time to appeal has expired.

  Filing a timely notice of appeal is a jurisdictional requirement. The court reasoned, relying on two prior opinions of the Courts of Appeal, that what is jurisdictionally required is that the notice of appeal be timely — not that it be filed by an active corporation. If notice of appeal is timely, even if invalid when filed, a corporation’s later reinstatement through revival makes the earlier, invalid but timely, notice of appeal valid.

  I consult with clients and accept cases involving appeals and appellate procedural issues of jurisdiction such as the notice of appeal. For other types of cases I accept, please consult the My Practice page. If you are seeking a legal consult or representation, please give me a call at 818.971.9409. – Michael Daymude