Time to Appeal Appealable Order Runs from Minute Order

Marshall v. Webster, No. C088240 (D3 Aug. 27, 2020)

An order granting an anti-SLAPP motion is appealable under Code of Civil Procedure § 425.16(i). Like other appealable orders, the order is appealable when made--there doesn’t need to be some further formalization before the right to appeal is ripe. So Rule of Court 8.104’s 60-day clock to file a notice of appeal starts to run when the clerk mails the order. 

Here, the trial court granted the motion in a minute order, which was promptly served on the parties by the clerk. Then the defendant submitted a proposed order granting the motion, which the court ultimately signed about six weeks later. But as the Court of Appeal explains, the clock started from the first ruling. The court unequivocally granted the motion in the first order, which made it appealable. There was no need for further proceedings or a more formal order by the trial court. Which means this appeal was filed too late.

Appeal dismissed.