In Re Baycol Cases I & II

The right to appeal in California is generally governed by the “one final judgment” rule, under which most interlocutory orders are not appealable. (See Code Civ. Proc., § 904.1.) In Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695 [ 63 Cal.Rptr. 724 , 433 P.2d 732 ] (Daar), however, concerned that orders dismissing all class action claims might in some instances escape review, we adopted a “death knell” doctrine that allowed a party to appeal such orders immediately. Here, we address uncertainty over the scope of the death knell doctrine: does it extend to orders that simultaneously terminate individual claims as well, or does it apply only where, as was the case in Daar itself, individual claims survive?

We conclude the preservation of individual claims is an essential prerequisite to application of the death knell doctrine: the doctrine renders appealable only those orders that effectively terminate class claims but permit individual claims to continue. When instead an order terminates both class and individual claims, there is no need to apply any special exception to the usual one final judgment rule to ensure appellate review of class claims. Instead, routine…