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

Q: Is it final judgement?

Is dismissal against one of defendants on all causes of action, while lawsuit is ongoing, is final judgement?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, a dismissal against one defendant while the lawsuit continues against other defendants is generally not considered a final judgment. This is because a final judgment typically requires resolution of all claims against all parties in the case.

However, there are exceptions through California Code of Civil Procedure 579, which allows separate judgments against different defendants. You might be able to appeal the dismissal immediately if you can obtain a certification from the trial court under CCP 904.1 that there is no just reason for delay.

If you're considering appealing this dismissal, you should review your case with a legal professional promptly, as strict deadlines apply. Missing appeal deadlines could permanently bar your right to challenge the dismissal, even if the rest of your case is still ongoing. Working with qualified legal counsel will help ensure you understand your options and preserve your rights.

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