Q: Pursuant section 906. True statement?
Post-judgement appeal can be filed by plaintiff:
in respect to dismissal against one of Defendants, entered anytime before judgement without prejudice.
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A:
Here's what you need to know about post-judgment appeals in California regarding dismissals:
Under California Code of Civil Procedure section 904.1, you can generally appeal from a final judgment. However, a voluntary dismissal without prejudice entered before judgment is typically not considered appealable, as it's not a final determination of the rights of the parties.
The key distinction lies in timing and finality. If you've dismissed one defendant before judgment and wish to appeal matters related to other defendants after final judgment, you may do so within the appropriate timeframe. However, the voluntary dismissal itself of a defendant without prejudice before judgment typically cannot be the subject of an appeal.
Your specific situation would benefit from careful review of both section 904.1 and relevant case law, particularly Parenti v. Lifeline Blood Bank (1975). For complex procedural matters like this, working with experienced legal counsel will help ensure you understand all available options and deadlines for preserving your appellate rights.
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