Q: When dismissal of legal action against this defendant becomes appealable?
Final judgement was not entered in the case.
Dismissal was entered against one of defendants, and plaintiff filed motion to set aside - that was denied by court.
When dismissal of legal action against this defendant becomes appealable?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California civil cases, the timing of when you can appeal a dismissal depends on several key factors related to your specific situation.
Generally, if the dismissal effectively terminates the action against the particular defendant, you can appeal it even without a final judgment in the entire case. Under California Code of Civil Procedure § 904.1(a), you can appeal from an order that effectively terminates the action against one party, even if the case continues against other defendants. The denial of your motion to set aside the dismissal is also potentially appealable.
The critical timing element here is that you must file your notice of appeal within 60 days after service of the notice of entry of the dismissal order or denial of the motion to set aside, whichever is later. However, since this involves multiple defendants and no final judgment, you might want to consider seeking a certification under CCP § 904.1(b) that there is no just reason for delay, which would make the dismissal immediately appealable. Given the complexity of appeal timing in multi-defendant cases, you may benefit from consulting with an appellate attorney to review your specific deadlines and options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
