Tyson

Tyson v. Tyson CA1/2

Good Law
Court of Appeal of CaliforniaDecember 19, 2025A169953California388 words

Opinion

Opinion

discussion of the law and no legal argument. We are not even clear what error he believes the court committed. In addition, a party cannot challenge a ruling to which they raised no objection, and here the court’s ruling says that it dismissed this case “without objection” (i.e., after conferring with Tyson’s lawyer so that Tyson’s claims may be brought in Probate Court). “ ‘ “The rule that contentions not raised in the trial court will not be considered on appeal is founded on considerations of fairness to the court and opposing party, and on the practical need for an

The dismissal order is appealable despite having been entered “without prejudice.” Such a dismissal is a final appealable judgment if, as is clearly the case here, all that is meant by the court’s use of “without prejudice” language is that the plaintiff is entitled to commence a new case. (See Steen v. Board of Civil Service Comm’rs (1945) 26 Cal.2d 716, 728; see also, e.g., In re Lauren P. (1996) 44 Cal.App.4th 763, 767-768; United Teachers-L.A. v. Los Angeles Unified School Dist. (1994) 24 Cal.App.4th 1510, 1514, fn. 3.)

3 orderly and efficient administration of the law.” [Citations.] Otherwise, opposing…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.