Q: Under which statute order can be appealed and why in this case?
Order of dismissal case against one of defendants was made.
Does it mean that order denying motion to set aside dismissal is appealable, after order of dismissal was entered?
Under which statute, can it be deemed post-judgement order in respect to this defendant?
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A:
Under California Code of Civil Procedure § 904.1(a)(2), an order made after judgment is appealable. In your case, since there was already an order of dismissal against one defendant, this effectively serves as a judgment regarding that defendant.
The subsequent order denying the motion to set aside the dismissal would be considered a post-judgment order in relation to this defendant. This makes it appealable under § 904.1(a)(2) because it follows the original dismissal, which is treated as the final judgment for that particular defendant. The rationale behind this is that the order affects your rights or liabilities concerning the judgment of dismissal.
However, timing is crucial - you must file your notice of appeal within 60 days after service of the order denying your motion to set aside the dismissal. If you're dealing with multiple defendants and only one was dismissed, you might also want to consider whether the court has issued a determination under CCP § 579, which would allow for separate judgment. Make sure to review the exact language of the dismissal order to confirm it constitutes a final judgment as to the dismissed defendant.
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