The California Apartment Association and plaintiffs in a related lawsuit challenging the Alameda County eviction moratoria have asked for permission to seek an immediate appeal of an unfavorable ruling issued in November.

The ruling denied CAA and the other plaintiffs’ request for a summary judgment on their claims that the moratoria are facially unconstitutional. Other so-called “as-applied” claims remain to be litigated. Ordinarily, unfavorable pre-trial rulings cannot be appealed until all claims in the case have been resolved. However, the judge overseeing the case can choose to allow pre-trial rulings to be appealed immediately – known as certifying an order for interlocutory appeal – when certain conditions are met.

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