CONCERNED CITIZENS v. CITY OF STOCKTON

No. C046524.

26 Cal.Rptr.3d 735 (2005)

128 Cal.App.4th 70

CONCERNED CITIZENS COALITION OF STOCKTON et al., Plaintiffs and Appellants, v. CITY OF STOCKTON et al., Defendants and Appellants. OMI/Thames Water Stockton, Real Party in Interest and Appellant.

Court of Appeals of California, Third District.

April 4, 2005.


Attorney(s) appearing for the Case

Shute, Mihaly & Weinberger, Rachel B. Hooper, Brian J. Johnson, and Amy J. Bricker, San Francisco; Daniel P. Selmi, Los Angeles, for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Craig C. Thompson, Supervising Deputy Attorney General, Susan L. Durbin, Deputy Attorney General, as Amicus Curiae on behalf of Plaintiffs and Appellants.

Stoel Rives, John Briscoe, Roderick W. Walston, Lawrence S. Bazel, and Gregory C. Gatto, San Francisco, for Defendants and Appellants.

Allen Matkins Leck Gamble & Mallory, James L. Meeder, Timothy A. Dolan, and Emily L. Kennedy, San Francisco, for Real Party in Interest and Appellant.


ROBIE, J.

Is an order under Code of Civil Procedure1 section 662 vacating a judgment and reopening the case for further proceedings appealable? We conclude it is not. Accordingly, this appeal (and the related protective cross-appeal) must be dismissed. Further, we decline to exercise our discretion to treat this appeal from a nonappealable order as a petition for an extraordinary writ.<...

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