CUÉLLAR, J. —
Section 663 of the Code of Civil Procedure allows an aggrieved party in a civil case to move the trial court to vacate its final judgment. The question in this case is whether an order denying one of those motions is appealable even if it raises issues that could have been litigated via an appeal of the judgment. We answered yes to this question over a century ago. (See Bond v. United Railroads (1911) 159 Cal. 270, 273 [113 P. 366] (Bond).) Bond held that the statute authorizing appeals of postjudgment orders covered denials of section 663 motions. The current version of that statute allows for the appeal of "an order made after a[n appealable] judgment." (Code Civ. Proc., § 904.1, subd. (a)(2).) Orders denying motions to vacate under section 663 fit that description, and this court has always interpreted the language currently found in section 904.1, subdivision (a)(2), to make appealable all section 663 denials. The Legislature has done nothing to undermine or overturn that interpretation despite enacting over a dozen other changes to this very statutory scheme. So the rule announced in Bond remains valid.
Steve Ryan sued his former business partner Mitchell Rosenfeld in 2010. Four years later, the trial court dismissed the action on the grounds that Ryan had abandoned the case. Two months after that, Ryan moved to vacate the judgment, claiming he was ill and hospitalized in Mexico when the judgment issued. The motion cited and quoted from section 663 of the Code of Civil Procedure. The trial court denied the motion. Ryan later filed a notice of appeal for both the order dismissing the case and the order denying his motion to vacate the judgment. The Court of Appeal dismissed the appeal as untimely, observing that the deadline to appeal the order dismissing the case
To resolve this case we must analyze two sections of the Code of Civil Procedure. The first lists scenarios in which the judgment in a civil case "may, upon motion of the party aggrieved, be set aside and vacated." (Code Civ. Proc., § 663.) The second provides that an appeal "may be taken from" "an order made after a judgment made appealable by paragraph (1)." (Code Civ. Proc., § 904.1, subd. (a)(2).) The "paragraph (1)" referred to here provides that "a judgment" may be appealed so long as it is neither "an interlocutory judgment" (with certain exceptions listed later in the statute) nor "a judgment of contempt that is made final and conclusive by Section 1222." (Id., subd. (a)(1).)
Bond next noted that "[s]ection 663a of the Code of Civil Procedure declares that an order `granting such motion may be reviewed on appeal in the same manner as orders made on motions for a new trial.'" (Bond, supra, 159 Cal. at p. 273.) The quoted section 663a language has been reworded in two ways since the decision in Bond. Both changes were slight. First, the phrase "same manner as orders made on motions for a new trial" from the 1911 version is now "same manner as a special order made after final judgment." (See § 663a, subd. (e).) Second, "such motion may be reviewed" from the 1911 version is now "a motion may be reviewed." (Ibid.) Neither of these changes affected the question decided in Bond. What we said about section 663a in 1911 remains true today. This statute "should not be construed so as to affect the right given by section 963 [now 904.1] to appeal from an order denying the motion, as from an order made after judgment." (Bond, 159 Cal. at p. 273, italics omitted.)
We reiterated Bond's rule in the decades that followed. In 1927, for example, we held that there "should be no uncertainty": "an order denying a motion to vacate and to enter a different judgment is appealable as a special order made after final judgment." (Delta Farms v. Chinese American Farms (1927) 201 Cal. 201, 203 [255 P. 1097] (Delta Farms).) Our opinion acknowledged "the obvious fact" that "the very same matters may be reviewed" in an appeal from the underlying judgment and in an appeal from a denied Code of Civil Procedure section 663 motion. (Delta Farms, at p. 203.) But we declared that "our law gives a separate appeal from an order made by the court on the motion referred to in sections 663 and 663a." (Ibid.) We also recognized what we described as a well-established, generally applicable rule: No appeal is possible where "an order refusing to vacate a judgment or order does not present any facts for consideration other than those which are presented upon appeal from the judgment itself." (Id. at p. 204.) But we held that this rule has "no application to the special motions authorized by section 663 of the Code of Civil Procedure." (Ibid.)
A few decades later, we again reiterated that "an order denying a motion to vacate made pursuant to Code of Civil Procedure section 663 has been held to be appealable." (Hollister Convalescent Hosp., Inc. v. Rico (1975) 15 Cal.3d 660, 663 [125 Cal.Rptr. 757, 542 P.2d 1349].) Just three years after that opinion, we decided Clemmer. This 1978 case arose from the killing of Hugh Clemmer by a former employee named Daniel Lovelace. (Clemmer, supra, 22 Cal.3d at p. 871.) Clemmer's family won a default judgment in a wrongful death action against Lovelace and then sued Lovelace's insurer, the Hartford Insurance Company, to recover the money. (Ibid.) After the jury sided with the family, Hartford filed a motion for a new trial, a motion for judgment notwithstanding the verdict, and a motion to vacate under section 663. (Clemmer, at p. 872.) The trial court denied the latter two motions, but it granted the motion for a new trial on a partial issue. (Ibid.) Hartford appealed the court's rulings on all three of the motions (the two that were denied in full, plus the motion for a new trial that was denied in part). Hartford argued on appeal that Lovelace's murder conviction collaterally estopped Clemmer's family from asserting that the murder was not willful (the insurance policy apparently did not cover willful homicides). We rejected this argument on the merits. (Id. at p. 877.)
Clemmer also referenced Hartford's Code of Civil Procedure section 663 motion. Our opinion said a grand total of three things about this motion. First, the opening paragraph listed the orders Hartford had appealed ("the orders of the trial court denying its motions (1) for judgment notwithstanding the verdict, (2) to set aside and vacate the judgment and enter a new and different judgment, and (3) for a new trial on all issues") and stated that Hartford's "appeal must be dismissed insofar as it purports to be from the latter two orders, such orders being nonappealable." (Clemmer, supra, 22 Cal.3d at p. 871.) Second, a section labeled "Other Contentions" observed that Hartford's "final argument — that it was entitled to have the judgment set aside and a new judgment entered pursuant to Code of Civil Procedure section 663 because the findings of the trial court compel a determination that plaintiffs are precluded from litigating the issue of willfulness — is but a reassertion of its collateral estoppel argument couched in procedural language, and we need not consider it further here." (Id. at pp. 886, 888.) And third, the opinion's "Conclusion" section stated that the "appeals from the orders denying the motion to set aside and vacate the judgment and enter a new and different judgment and the motion for a new trial on all issues must ... be dismissed, said orders being nonappealable." (Id. at p. 890.) Our opinion provided no authority for these statements, nor did the opinion explain why it deemed the section 663 order "nonappealable."
Our conclusion that Bond and its progeny offer the most reasonable interpretation of this statutory scheme is also supported by decades of legislative inaction in response to those opinions. Such acquiescence does not in all circumstances imply the Legislature's embrace of a particular holding or doctrine. (See People v. King (1993) 5 Cal.4th 59, 75 [19 Cal.Rptr.2d 233, 851 P.2d 27].) But the question in this case implicates a "pattern of legislative inaction signaling acquiescence, as there exists `both a well-developed body of law interpreting a statutory provision and numerous amendments to a
A trip through the history of Code of Civil Procedure section 963 also bolsters the inference that the Legislature accepted the interpretation we articulated in Bond. At the time Bond was decided, the statute made both grants and denials of motions for a new trial appealable. Four years after Bond, section 963 was amended so that denials of these motions were no longer separately appealable. Code of Civil Procedure section 663a was also amended at this time. Back when Bond was decided, that section allowed appeals of Code of Civil Procedure section 663 grants in the same "manner as orders made on motions for a new trial." But along with the amendment to section 963, section 663a was amended to allow an appeal in the "same manner as a special order made after final judgment." This phrasing tracked the language Bond had relied on to hold that denials of section 663 motion are appealable. (See Bond, supra, 159 Cal. at p. 273 ["By section 963 of the Code of Civil Procedure, an appeal may be taken from any special order made after final judgment."].) These parallel amendments to sections 963 and 663a add even more support to the inference that the Legislature approved Bond's reading of the statutory scheme.
Rosenfeld nonetheless argues that we should change our view because "[t]ime has passed and the law has evolved," such that "`[t]his order' is no longer `one of that kind,' as the Bond court called it." Rosenfeld's "no longer one of that kind" argument here is based in part on our opinion in Lakin v. Watkins Associated Industries (1993) 6 Cal.4th 644 [25 Cal.Rptr.2d 109, 863 P.2d 179]. Lakin ruled that orders denying attorney fees are appealable. (See id. at p. 649.) In analyzing this question, we observed that "not every postjudgment order that follows a final appeal judgment is appealable" because one of the "requirements" "a postjudgment order must satisfy" "[t]o be appealable" "is that the issues raised by the appeal from the order must be different from those arising from an appeal from the judgment." (Id. at p. 651.) There was no question that the attorney fees order in Lakin met that requirement, since an "order denying attorney fees ... plainly raises issues different from those arising from the judgment itself." (Ibid.) Rosenfeld
Yet Lakin's holding creates no such bar. The case addressed an order denying a motion for attorney fees. Although its analysis restated the general rule that postjudgment motions should not substitute for appeals of the final judgment, we had no reason to address the long-standing exception to this rule for statutory motions to vacate. Despite Rosenfeld's contention that Lakin silently overruled that exception, a statutory motion to vacate was not even at issue in Lakin. This court has continued to apply the exception in the years since Lakin. (See People v. Totari (2002) 28 Cal.4th 876, 886-887 [123 Cal.Rptr.2d 76, 50 P.3d 781] [noting that "the `no second appeal' rule loses its urgency" "[o]nce the Legislature ... affords ... a means to obtain relief by way of a statutory postjudgment motion to vacate"].) Totari held that criminal defendants can appeal orders denying motions to vacate the judgment. A previous opinion had deemed a similar order nonappealable, but we explained that the previous case involved a nonstatutory postjudgment motion to vacate, rather than a statutory one. (Id. at p. 887.) Though Totari was a criminal case, we confirmed that the same rule also applied to civil cases. (See id. at p. 888, fn. 5.) Totari is our most recent case to address the appealability of orders denying motions to vacate — and it stated the correct rule.
The Court of Appeal's order dismissing the appeal of the Code of Civil Procedure section 663 motion is vacated and the matter is transferred back to that court. On remand, the Court of Appeal may choose to address aspects of Ryan's appeal that have not been addressed yet, including the argument that Ryan did not properly file a section 663 motion and the argument that Ryan's appeal of the section 663 order was untimely.
Cantil-Sakauye, C. J., Werdegar, J., Chin J., Corrigan J., Liu, J., and Kruger, J., concurred.