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

Q: Is dismissal against one of defendants, entered upon request of plaintiff, is final judgement?

Is dismissal against one of defendants, entered upon request of plaintiff, is final judgement?

What presents criteria for one final judgement?

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James L. Arrasmith
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Answered

A: When you voluntarily dismiss one defendant from a multi-defendant case in California, this dismissal is generally not considered a final judgment for appeal purposes. The reasoning behind this is that the case continues against the remaining defendants, and there are still active claims to be resolved.

For a judgment to be considered "final" in California, it must resolve all claims between all parties in the litigation. The one final judgment rule requires that all issues must be determined, all rights and liabilities adjudicated, and the case completely disposed of so that no further judicial action is needed on the merits. This principle helps prevent piecemeal appeals and promotes judicial efficiency.

There are some exceptions to this rule, such as when the court expressly determines there is "no just reason for delay" and directs entry of final judgment under California Code of Civil Procedure Section 578. Additionally, if the dismissed defendant's liability is completely separate and independent from the remaining defendants, you might be able to argue for treatment as a final judgment. In most cases, though, you'll need to wait until the entire case concludes before pursuing an appeal of any dismissals or rulings.

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