Scope of exceptions to section 906 appeals

Question

Intention for post-judgement appeal. 
Pursuant section 906 plaintiff intends to appeal not dismissal of legal action against one of defendants, but to appeal denied motion to set aside dismissal. 
 
Can such appeal be exception to appeals section 906, and specifically why. 
Voluntary dismissal by plaintiff was NOT obstacle for appeal, for sure.

James L. Arrasmith · Answer

Under California Code of Civil Procedure section 906, you face significant limitations when attempting to appeal a voluntary dismissal, even when your focus is on the denied motion to set aside that dismissal.  
 
The general rule is that voluntary dismissals are not appealable because they are not considered adverse judgments - you chose to dismiss the case. However, you might have grounds for appeal if you can demonstrate that the dismissal was not truly voluntary (for example, if it was coerced) or if there were extraordinary circumstances that led to the dismissal. The motion to set aside the dismissal could potentially be appealed if you can show that the trial court abused its discretion in denying your motion. 
 
Your statement that "voluntary dismissal was NOT obstacle for appeal" requires careful consideration - while there are exceptions to section 906, they are narrow and must be well-documented. You would need to clearly demonstrate why your case falls within these exceptions, perhaps by showing that the dismissal resulted from judicial error or that fundamental fairness requires appellate review. Consider consulting with an appellate attorney who can evaluate the specific circumstances of your case and determine whether any exceptions to section 906 might apply.

Q: Scope of exceptions to section 906 appeals