Does section 391 of the California Code of Civil Procedure apply to an appeal or civil writ proceeding filed in the appellate court?
California, United States of America
The following excerpt is from Meniooh v. Superior Court of Cal., A150252 (Cal. App. 2018):
Code of Civil Procedure section 391, subdivision (a) defines "Litigation" as "any civil action or proceeding, commenced, maintained or pending in any state or federal court." It has been judicially construed to include "an appeal or civil writ proceeding filed in an appellate court," even if the appeal or writ proceeding terminates with a dismissal that is not on the merits of the litigation. (Garcia v. Lacey (2014) 231 Cal.App.4th 402, 406.)
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