Tuesday, July 4, 2017

A Reversal with Remand Is a Final Order

Dhillon v. John Muir Health, No. S 224473 (Cal. May 25, 2017)

Is an order granting a writ of administrative mandamus and remanding the matter to the agency for further proceedings an appealable final order under Code of Civil Procedure § 904.1? Reversing the Court of Appeal, the Supreme Court here says it is in an unanimous opinion by Justice Kruger.

It’s uncontroversial that a final order denying the writ wholesale is appealable. As is an order that grants a writ and orders affirmative relief without a remand. But there’s a pretty substantial split when a remand is ordered, although the cases generally fail to give any reasoning why. The Court explains that the order is sufficiently final because it was the definitive ending of all proceedings before the trial court. There was nothing left for it to do, which made the order effectively final and appealable. And the fact that the petitioner previously sought a writ of mandate in the court of appeal challenging the remand didn’t change that result.


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