Legal Opinion

Hernandez v. Restoration Hardware, Inc.

California Supreme Court

Decided January 29, 2018No. S233983PublishedCited by 34 opinions

1Opinion of the CourtChin, J.

*108 **283 *263 Under Code of Civil Procedure 1 section 902, "[a]ny party aggrieved" may appeal a judgment. "It is generally held, however, that only parties of record may appeal; consequently one who is denied the right to intervene in an action ordinarily may not appeal from a judgment subsequently entered in the case. [Citations.] Instead, he may appeal from the order denying intervention." ( County of Alameda v. Carleson (1971) 5 Cal.3d 730 , 736, 97 Cal.Rptr. 385 , 488 P.2d 953 ( Carleson ).) The issue we address is when does an unnamed class action member become a party of record with the right…

2Cases cited32 opinions

  1. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
  2. Devlin v. ScardellettiSupreme Court of the United States · 2002
  3. City of San Jose v. Superior CourtCalifornia Supreme Court · 1974
  4. People v. LatimerCalifornia Supreme Court · 1993
  5. County of Alameda v. CarlesonCalifornia Supreme Court · 1971

27 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Bozic v. U.S. Dist. Court for the S. Dist. of Cal.Court of Appeals for the Ninth Circuit · 2018
  2. Samara v. MatarCalifornia Supreme Court · 2018
  3. Cesar Moreno v. Utiliquest, LLCCourt of Appeals for the Ninth Circuit · 2022
  4. People v. Investco Mgmt. & Dev. LLC, California Court of Appeal, 5th District2018
  5. Edwards v. Heartland Payment Sys., Inc., California Court of Appeal, 5th District2018

29 more not listed; retrieve them via the Exa API.

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