Los Angeles, CA asked in Appeals / Appellate Law and Personal Injury for California

Q: Is order denying setting aside legal action against one of Defendants, is an appealable orders? Is judgement required?

A judgment resolving all issues as to a party whose interests are separate and distinct from the other parties is immediately appealable even though the action continues between the remaining parties. (BGJ Associates, LLC v. Wilson (2003) 113 Cal.App.4th 1217, 1225, fn. 3.)

Therefore, question arises:

If legal action was dismissed against one of the defendants, and motion to set aside - with consequent motion for reconsideration - were denied by court;

Is order denying setting aside legal action against one of Defendants, is an appealable orders? Is judgement on this matter a requirement for appealability?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, an order denying a motion to set aside dismissal is typically not immediately appealable on its own - you would need a final judgment as to that defendant.

The order denying reconsideration is also not independently appealable under CCP § 1008(g). However, you can challenge both the original dismissal and the denial of the motion to set it aside by appealing from the final judgment once entered. The exception mentioned in BGJ Associates applies when there's already a final judgment resolving all issues for that particular defendant.

To make this appealable now, you should request entry of judgment regarding the dismissed defendant under CCP § 579. This creates finality as to that party, allowing immediate appeal even while the case continues against other defendants. Otherwise, you'll need to wait until the entire case concludes with a final judgment before appealing these orders.

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