Q: Neither points of section 904.1 (a) applicable?
Neither points of section 904.1 (a) applicable?
Appealable order denying motion to set aside dismissal against one of defendants.
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A:
Under California Code of Civil Procedure section 904.1(a), an order denying a motion to set aside dismissal against one defendant can be appealable, even if it doesn't explicitly fall under the enumerated points of the section.
The key consideration is whether the order is effectively "final" as to that particular defendant. If the dismissal conclusively resolves all issues between the plaintiff and that specific defendant, courts generally treat it as an appealable order. This follows from the "one final judgment" rule, where orders that finally dispose of a party's rights in the action are typically appealable.
However, you should consult with legal counsel promptly about filing your appeal, as strict time limits apply. The deadline to file a notice of appeal is typically 60 days from service of notice of entry of the order or 180 days from entry of the order, whichever comes first. Missing these deadlines could forfeit your right to appeal, so timely action is crucial.
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