Title 13. Appeals In Civil Actions · Chapter 1. Appeals in General · Last amended 2024 · Last verified July 28, 2026
In one sentenceSection 904.1 lists everything appealable to the Court of Appeal in an ordinary (non-limited) civil case, built around the general rule that only final judgments are appealable, plus enumerated exceptions for specific interlocutory orders and judgments such as injunctions, receiverships, new-trial rulings, attachment orders, large sanctions awards, and anti-SLAPP rulings.
(a)An appeal, other than in a limited civil case, is to the court of appeal. An appeal, other than in a limited civil case, may be taken from any of the following:
(1)From a judgment, except an interlocutory judgment, other than as provided in paragraphs (8), (9), and (11), or a judgment of contempt that is made final and conclusive by Section 1222.
(2)From an order made after a judgment made appealable by paragraph (1).
(3)From an order granting a motion to quash service of summons or granting a motion to stay the action on the ground of inconvenient forum, or from a written order of dismissal under Section 581d following an order granting a motion to dismiss the action on the ground of inconvenient forum.
(4)From an order granting a new trial or denying a motion for judgment notwithstanding the verdict.
(5)From an order discharging or refusing to discharge an attachment or granting a right to attach order.
(6)From an order granting or dissolving an injunction, or refusing to grant or dissolve an injunction.
(7)From an order appointing a receiver.
(8)From an interlocutory judgment, order, or decree, made or entered in an action to redeem real or personal property from a mortgage thereof, or a lien thereon, determining the right to redeem and directing an accounting.
(9)From an interlocutory judgment in an action for partition determining the rights and interests of the respective parties and directing partition to be made.
(10)From an order made appealable by the Probate Code or the Family Code.
(11)From an interlocutory judgment directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds five thousand dollars ($5,000).
(12)From an order directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds five thousand dollars ($5,000).
(13)From an order granting or denying a special motion to strike under Sections 425.16 and 425.19.
(14)From a final order or judgment in a bifurcated proceeding regarding child custody or visitation rights.
(b)Sanction orders or judgments of five thousand dollars ($5,000) or less against a party or an attorney for a party may be reviewed on an appeal by that party after entry of final judgment in the main action, or, at the discretion of the court of appeal, may be reviewed upon petition for an extraordinary writ.
Plain-English Summary
This is one of the most consulted provisions in California civil practice, because it answers the threshold question every appeal has to clear: is this ruling even appealable? Subdivision (a)(1) codifies the general final judgment rule — an appeal lies from a judgment, other than an interlocutory judgment (with exceptions carved out in paragraphs (8), (9), and (11)) or a contempt judgment made final and conclusive by § 1222. Most rulings that fall short of a final judgment aren't independently appealable at all; a party has to wait for judgment and then challenge them as part of that appeal, or seek review by extraordinary writ.
The rest of subdivision (a) lists the statutory exceptions — orders and interlocutory judgments the Legislature has made independently appealable despite not ending the case. These include: post-judgment orders (paragraph (2)); orders quashing service for lack of jurisdiction or staying or dismissing for inconvenient forum (paragraph (3)); orders granting a new trial or denying judgment notwithstanding the verdict (paragraph (4)); orders on attachment, including discharging, refusing to discharge, or granting a right to attach order (paragraph (5)); orders granting, dissolving, or refusing to grant or dissolve an injunction (paragraph (6)); orders appointing a receiver (paragraph (7)); interlocutory judgments in mortgage or lien redemption actions determining the right to redeem (paragraph (8)); interlocutory judgments in partition actions determining the parties' rights and interests (paragraph (9)); orders made appealable by the Probate Code or Family Code (paragraph (10)); interlocutory judgments and orders directing payment of sanctions exceeding $5,000 against a party or attorney (paragraphs (11) and (12)); orders granting or denying an anti-SLAPP special motion to strike under §§ 425.16 and 425.19 (paragraph (13)); and final orders or judgments in bifurcated child custody or visitation proceedings (paragraph (14)).
Subdivision (b) handles smaller sanctions differently: an order or judgment imposing $5,000 or less in sanctions against a party or attorney isn't independently appealable. Instead, it can be reviewed on that party's appeal after final judgment in the main action, or, at the Court of Appeal's discretion, by petition for an extraordinary writ. The dividing line at $5,000 determines whether a sanctions order gets its own immediate appeal or has to wait.
Frequently Asked Questions
What is the basic rule for whether a civil ruling can be appealed to the Court of Appeal?
Under the final judgment rule reflected in paragraph (a)(1), only a judgment — not an interlocutory ruling — is generally appealable, unless the ruling falls within one of the specific exceptions § 904.1 separately lists.
Can a party appeal an order granting a preliminary injunction right away, without waiting for final judgment?
Yes. Paragraph (a)(6) makes orders granting or dissolving an injunction, or refusing to grant or dissolve one, independently appealable.
Is an order granting an anti-SLAPP motion immediately appealable?
Yes, paragraph (a)(13) makes orders granting or denying a special motion to strike under §§ 425.16 and 425.19 independently appealable.
What happens to a sanctions order for $3,000 against an attorney?
Because it's $5,000 or less, subdivision (b) makes it reviewable only on appeal after final judgment in the main action, or by discretionary extraordinary writ — not by immediate appeal.
Are ordinary interlocutory orders, like a ruling on a discovery motion, appealable under § 904.1?
Generally no. Interlocutory orders that don't fall within one of the enumerated exceptions in subdivision (a) are not independently appealable and must instead be challenged after final judgment or by writ petition.
Amendment History
Amended by Stats 2023 ch 779 (SB 439),s 2, eff. 1/1/2024. Amended by Stats 2017 ch 41 (AB 369),s 1, eff. 1/1/2018. Amended by Stats 2007 ch 43 (SB 649),s 9, eff. 1/1/2008. Amended by Stats 2006 ch 567 (AB 2303),s 8, eff. 1/1/2007. Effective October 10, 1999 (Bill Number: AB 1675) (Chapter 960).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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