Thursday, October 3, 2013

Kurwa: Don Jose Survives! Don't try to create appealability!

The Cal Supreme Court's Kurwa opinion just issued (only 12 pages and unanimous):
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. 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.
Update: See Justices Draw Line to End 'Appellate Netherworld' in today's Recorder and State Supreme Court Takes Strict View of 'One Judgment' Rule in the MetNews.

"I want YOU
to stop trying to manufacture appellate jurisdiction!"