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§ 906.Review By Reviewing Court Upon Appeal Taken Pursuant to Sections 904.1 and 904.2

Title 13. Appeals In Civil Actions · Chapter 1. Appeals in General · Last amended 1976 · Last verified July 28, 2026

In one sentenceSection 906 defines the scope of appellate review on a § 904.1 or § 904.2 appeal, letting the reviewing court examine any ruling that involves the merits, affects the judgment, or substantially affects a party's rights, and letting a respondent seek review of such matters without appealing, though not of rulings that could have been separately appealed.

Full Text of § 906

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Upon an appeal pursuant to Section 904.1 or 904.2, the reviewing court may review the verdict or decision and any intermediate ruling, proceeding, order or decision which involves the merits or necessarily affects the judgment or order appealed from or which substantially affects the rights of a party, including, on any appeal from the judgment, any order on motion for a new trial, and may affirm, reverse or modify any judgment or order appealed from and may direct the proper judgment or order to be entered, and may, if necessary or proper, direct a new trial or further proceedings to be had. The respondent, or party in whose favor the judgment was given, may, without appealing from such judgment, request the reviewing court to and it may review any of the foregoing matters for the purpose of determining whether or not the appellant was prejudiced by the error or errors upon which he relies for reversal or modification of the judgment from which the appeal is taken. The provisions of this section do not authorize the reviewing court to review any decision or order from which an appeal might have been taken.

Plain-English Summary

Once an appeal is properly taken under § 904.1 or § 904.2, this section defines how far the reviewing court's authority extends. It isn't limited to the judgment or order named in the notice of appeal — the reviewing court may also review the verdict or decision and any intermediate ruling, proceeding, order, or decision that involves the merits, necessarily affects the judgment or order appealed from, or substantially affects a party's rights, including a new-trial ruling on an appeal from the judgment itself. Armed with that scope, the reviewing court may affirm, reverse, or modify the judgment or order, direct entry of the proper judgment or order, and order a new trial or further proceedings if necessary or proper.

The section also gives the respondent — the party who won below and had no need to appeal — a tool for defending that judgment. Without filing an appeal, the respondent may ask the reviewing court to review those same categories of rulings, not to seek reversal, but to test whether any error the appellant relies on prejudiced the appellant. That lets a respondent point to other rulings in the case to argue that any error was harmless.

The final sentence draws a boundary that matters as much as the grant of authority itself: this section doesn't let the reviewing court review any decision or order from which an appeal might have been taken. A ruling that was independently appealable — say, an injunction order under § 904.1(a)(6) — has to be appealed on its own timeline; a party can't skip that appeal and then smuggle a challenge to it into a later appeal from the final judgment.

Frequently Asked Questions

Does an appeal from the final judgment let the reviewing court look at earlier rulings in the case?

Yes, § 906 lets the reviewing court examine any intermediate ruling that involves the merits, necessarily affects the judgment appealed from, or substantially affects a party's rights.

Can a party who won in the trial court ask the reviewing court to look at other rulings without filing a cross-appeal?

Yes. A respondent may ask the reviewing court to review those same rulings, without appealing, to show that any error the appellant relies on didn't prejudice the appellant.

Can § 906 be used to get review of a ruling that could have been separately appealed but wasn't?

No. The section expressly does not authorize review of any decision or order from which an appeal might have been taken.

What can the reviewing court do once it reviews these matters?

Affirm, reverse, or modify the judgment or order, direct entry of the proper judgment or order, and, if necessary or proper, order a new trial or further proceedings.

Amendment History

Amended by Stats. 1976, Ch. 1288.

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
Also known as: scope of appellate review californiaharmless error appeal californiarespondent review without cross appeal