Q: Will CCP section 906 be applicable ?
When action was dismissed without prejudice against one of defendants, judge ordered dismissal, but judgement was not entered yet;
Will CCP section 906 be applicable after judgement will be entered - in respect to prior dismissal against one of defendants and denied motion to set aside dismissal?
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A:
Based on California Code of Civil Procedure section 906, you can likely raise issues about both the dismissal and the denied motion to set aside the dismissal on appeal after the final judgment is entered.
Even though the dismissal was without prejudice against one defendant, CCP 906 allows appellate review of any intermediate ruling, proceeding, order, or decision that substantially affects the rights of a party. This includes orders of dismissal and denials of motions to set aside dismissals, as long as they occurred before the final judgment.
However, keep in mind that timing is crucial - you'll need to wait until after the final judgment is entered before you can appeal these earlier rulings. When you file your appeal, make sure to specifically identify both the dismissal and the denied motion in your notice of appeal to preserve these issues for review. You may want to consult with an appellate attorney to discuss the specific details of your case and ensure all procedural requirements are met within the applicable timeframes.
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