Kurwa

Kurwa v. Kislinger

Bad Law
162 Cal. Rptr. 3d 516·2013 Cal. LEXIS 7982·57 Cal. 4th 1097·2013 WL 5477602·309 P.3d 838
Supreme Court of CaliforniaOctober 3, 2013S201619California3,846 words

Opinion

Opinion

Werdegar, J.

Under California’s “one final judgment” rule, a judgment that fails to dispose of all the causes of action pending between the parties is generally not appealable. (Code Civ. Proc., § 904.1, subd. (a); Morehart v. County of Santa Barbara (1994) 7 Cal.4th 725, 740-741 [ 29 Cal.Rptr.2d 804 , 872 P.2d 143 ] (Morehart).) This case poses the question whether an appeal may be taken when the judgment disposes of fewer than all the pled causes of action by dismissal with prejudice, and the parties agree to dismiss the remaining counts without prejudice and waive operation of the statute of limitations on those remaining causes of action. We conclude such a judgment is not appealable. As a line of Court of Appeal decisions beginning with Don Jose’s Restaurant, Inc. v. Truck Ins. Exchange (1997) 53 Cal.App.4th 115 [ 61 Cal.Rptr.2d 370 ] (Don Jose’s) has recognized, the parties’ agreement holding some causes of action in abeyance for possible future litigation after an appeal from the trial court’s judgment on others renders the judgment interlocutory and precludes an appeal under the one final judgment rule. We therefore reverse the judgment of the Court of Appeal below, which…

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