What is the test for appellate court jurisdiction to hear a challenge to a judgment or order that is not included in the notice of appeal?

California, United States of America


The following excerpt is from Reddi v. Zwick, G044385, Super. Ct. No. 30-2008-00111224 (Cal. App. 2011):

The rule of liberal construction cannot save the challenge to a judgment or order which is plainly not included in the notice of appeal. (See Conservatorship of Edde (2009) 173 Cal.App.4th 883, 889 [because notice of appeal was "very limited in scope" and arose only out of a certain conservatorship action, appellate court did not have jurisdiction to review any order from related probate action]; Morton v. Wagner (2007) 156 Cal.App.4th 963, 967 [because notice of appeal only mentioned order denying the reconsideration motion and vexatious litigant order, but did not mention underlying judgment, appellate court could not consider matters attacking that judgment].)

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