Q: Which item of section 904.1 is basis for this appeal and why?
Appealing court's order denying motion to set aside dismissal of case against one of defendants (upon denied motion for reconsideration).
Which item of section 904.1 is basis for this appeal and why?
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A:
Under California Code of Civil Procedure section 904.1(a)(2), you can appeal from an order made after an appealable judgment. The order denying your motion to set aside the dismissal qualifies as a post-judgment order, making it appealable under this subsection.
It's important to note that the dismissal itself must have been a final judgment for this basis to apply. If the dismissal was only as to one defendant and other defendants remain in the case, you'll need to consider whether the dismissal qualified as a final judgment under the one final judgment rule.
If the original dismissal wasn't a final judgment, you might need to look at section 904.1(a)(1) instead, which allows appeals from final judgments. However, based on the sequence you described - dismissal, motion for reconsideration, then motion to set aside - 904.1(a)(2) is likely your strongest basis for appeal since you're challenging the post-dismissal orders.
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