Shehyn

DISCUSSION

Appealability We first decide whether the judgment following the voluntary dismissal of appellant’s breach of contract and negligence claims without prejudice is appealable. 3 “A voluntary dismissal, ‘unaccompanied by any agreement for future litigation, does create sufficient finality as to that cause of action so as to allow appeal from a judgment disposing of the other counts. [Citation.] That is because “a party’s voluntary dismissal without prejudice does not come equipped by law with an automatic tolling or waiver of all relevant limitations periods; instead, such

1 We grant the District’s September 20, 2024 request to

take judicial notice of the minute order of the demurrer hearing held on September 28, 2023. (Evid. Code, §§ 452, subd. (d)(1), 459.)

2 Shehyn v. Superior Court (Nov. 29, 2023, B333465).

3 Neither party addressed appealability.

3 a dismissal includes the very real risk that an applicable statute of limitations will run before the party is in a position to renew the dismissed cause of action.”’” (Alaama v. Presbyterian Intercommunity Hospital, Inc. (2019) 40 Cal.App.5th 55, 63, quoting Kurwa v. Kislinger (2013) 57 Cal.4th 1097, 1105-1106.) The…