|
P1472 A motion to vacate a judgment extends the time for filing an appeal from the judgment only if the motion is valid; since a demurrer tests the sufficiency of a pleading without requiring the court to draw any conclusions of law from facts, a motion to vacate a judgment based on the sustaining of a demurrer does not state a valid ground, and therefore does not extend the time to appeal the original judgment; an order denying a motion to vacate a judgment is not separately appealable.CitationPAYNE v RADER (Motion to Vacate) 167 CA4 1569 [See: CA R of C 8.104, 8.108; CCP 663; Laraway v Pasadena USD 98 CA4 579, P/AT 7/02]
|
|
