Can a motion for a new trial be appealed from the judgment entered into favor of defendants pursuant to Code of Civil Procedure section 581c?

California, United States of America

The following excerpt is from Russell v. Soldinger, 131 Cal.Rptr. 145, 59 Cal.App.3d 633 (Cal. App. 1976):

The motion was granted and a judgment entered in favor of defendants pursuant to Code of Civil Procedure section 581c. Plaintiffs' motion for a new trial was denied and they now appeal from the judgment and the order denying the motion for a new trial. While the latter order is not directly appealable the propriety of same may be reviewed on appeal from the judgment. (Capaldi v. Levy, 1 Cal.App.3d 274, 277, 81 Cal.Rptr. 629.)

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Can a motion for a new trial be appealed from the judgment entered into favor of defendants pursuant to Code of Civil Procedure section 581c?

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