Smith v. City of Berkeley CA1/3

DISCUSSION

As noted above, appellant’s petition for writ of mandate was accompanied by a complaint for damages, which is still pending. Respondent thus contends this appeal from the order dismissing the petition for writ of mandate violates the single judgment rule and must be dismissed. In doing so, respondent relies upon Morehart v. County of Santa Barbara (1994) 7 Cal.4th 725 (Morehart), which held that “an appeal cannot be taken from a judgment that fails to complete the disposition of all the causes of action between the parties even if the causes of action disposed of by the judgment have been ordered to be tried separately, or may be characterized as ‘separate and independent’ from those remaining.” (Id. at p. 743.) Having reviewed this California Supreme Court authority, as well as cases that have followed it, we agree with respondent that dismissal is necessary on the ground that this appeal is not yet ripe. (Ibid.; accord City of Santa

2 Monica v. Stewart (2005) 126 Cal.App.4th 43, 59 [an action does not become ripe until “it reaches, ‘but has not passed, the point that the facts have sufficiently congealed to permit an intelligent and useful decision to be made’ ”].)…