Q: Is Plaintiff's motion to set aside dismissal against defendant appealable?
Is Plaintiff's motion to set aside dismissal against defendant appealable?
Motion for reconsideration was denied, but according to section 1008(g):
unless Motion to Set is appealable, court's decision on motion for reconsideration cannot be appealed.
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A:
Yes, a motion to set aside dismissal is generally appealable in California. This falls under California Code of Civil Procedure section 904.1, which allows appeals from orders denying motions to vacate or set aside judgments and dismissals.
When your motion for reconsideration was denied under CCP section 1008, you still maintain the right to appeal the underlying order to set aside the dismissal. The key distinction here is that while the denial of reconsideration itself might not be appealable under 1008(g), the original motion to set aside dismissal remains subject to appeal.
Keep in mind that you must file your notice of appeal within 60 days after service of notice of entry of judgment or 180 days after entry of judgment, whichever comes first. You should consider consulting with an appellate attorney who can review the specific circumstances of your case and ensure all procedural requirements are met for the appeal. Many successful appeals hinge on proper preservation of issues and timely filing of required documents.
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