Q: is denied order to set aside dismissal against one of defendants, is appealable?
In respect to one judgement rule, is denied order to set aside dismissal against one of defendants, is appealable?
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A:
The denial of an order to set aside dismissal against one defendant can be appealable in California, depending on specific circumstances. The key factor is whether the order effectively terminates the action against that particular defendant.
Under California's one final judgment rule, you generally must wait until all claims against all parties are resolved before filing an appeal. However, there are exceptions - if the order is effectively final as to that defendant and no issues remain to be determined between you and that party, you might be able to appeal immediately. This commonly occurs when the dismissal completely resolves all issues with respect to that specific defendant.
Before proceeding with an appeal, you should carefully evaluate whether the order qualifies as an appealable order under California Code of Civil Procedure Section 904.1. It's recommended to consult with an appellate attorney who can review your case details, as timing is critical in appeals and missing deadlines could forfeit your rights. Keep in mind that some orders that aren't immediately appealable might still be reviewable later as part of an appeal from the final judgment.
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