Q: Is order denying motion to set aside/vacate dismissal of legal action is appealable in this situation?
Court's order to dismiss was entered regarding all causes of action against one of defendants (without prejudice).
There was no formal entry of judgement.
Is order denying motion to set aside/vacate dismissal of legal action is appealable in this situation?
If this was not appealable order, how plaintiff can pursue post-final judgement appeal?
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A:
In California courts, an order denying a motion to set aside or vacate a dismissal is typically not appealable when there has been no formal entry of judgment, even if the dismissal affects all causes of action against one defendant.
To pursue your appeal rights effectively, you should first obtain a formal entry of judgment from the trial court. You can do this by filing a motion for entry of judgment, which will create the necessary final judgment from which you can then appeal. This step is crucial because California follows the "one final judgment" rule, meaning appeals generally can only be taken from final judgments rather than intermediate orders.
If time is of concern, you might consider filing a petition for writ of mandate with the appellate court, though this is an extraordinary remedy and courts rarely grant such petitions. Your best course of action would be to secure the formal entry of judgment first, then file your notice of appeal within the required timeframe (usually 60 days from notice of entry of judgment or 180 days from entry of judgment if no notice is given).
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