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

Q: True statement?

Dismissal against one of defendants on all causes of action was final judgement, although lawsuit is ongoing against other defendant.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, this is a true statement. Under California law, a dismissal of all causes of action against one defendant can constitute a final, appealable judgment - even while the case continues against other defendants.

The key principle here is that when a court completely terminates the litigation between one party and another, it creates what's known as a "final judgment" for that specific defendant. This allows the dismissed party to move forward with an appeal if they choose, rather than waiting until the entire case concluders for all parties.

California Code of Civil Procedure Section 579 specifically addresses this situation, stating that judgment may be entered against one or more defendants while action proceeds against others. This rule promotes efficiency by allowing dismissed parties to resolve their appeals without being tied to the timeline of ongoing litigation involving other defendants.

For specific guidance about your case's appealability, you should consult with a legal professional who can review the details of your dismissal order and advise you on applicable deadlines and procedures.

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