Is a motion to vacate a judgment by a judge for writ of error coram nobis appealable?

A petition for writ of error coram nobis is a type of motion to vacate the judgment, and "[f]or better or worse, the terms ... are often used interchangeably and the two procedures are similar in scope and effect." (People v. Gallardo (2000) 77 Cal.App.4th 971, 982.) A petition for writ of error coram nobis is generally used to bring factual errors or omissions to the court's attention. "The writ will properly issue only when the petitioner can establish three elements: (1) that some fact existed which, without his fault or negligence, was not presented to the court at the trial and which would have prevented the rendition of the judgment; (2) that the new evidence does not go to the merits of the issues of fact determined at trial; and (3) that he did not know nor could not have, with

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due diligence, discovered the facts upon which he relies any sooner than the point at which he petitions for the writ. [Citations.]" (People v. Soriano (1987) 194 Cal.App.3d 1470, 1474.)

A denial of a petition for writ of error coram nobis is not appealable unless the petition states a prima facie case for relief. (People v. Totari (2002) 28 Cal.4th 876, 885, fn. 4 ["[i]n an appeal from a trial court's denial of an application for the writ of error coram nobis, a reviewing court initially determines whether defendant has made a prima facie showing of merit; if not, the court may summarily dismiss the appeal"]; People v. Dubon (2001) 90 Cal.App.4th 944, 950 ["trial court's denial of a coram nobis petition is an appealable order, unless the coram nobis petition failed to state a prima facie case for relief"].)