PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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Posthearing Possibilities: SJ Granted
.........Non-appealable
7 Cards On This Topic:
No appeal if unresolved cross-complaint; no final judgment entered on motion for summary judgment prior to termination of action.
Motion for attorney fees must be filed w/in time for filing notice of appeal; as order granting SJ not appealable, it did not trigger running of time limit under (former) CRC 870.2.
After entry of judgment, motion for reconsideration per Code Civ. Proc. §1008 does not extend time period for appeal from SJ grant under (former) Rules of Court, rule 2 (a).
Purported final judgment on complaint that does not adjudicate issues raised by cross-complaint is not appealable.
SJ on 1st cause of action not appealable final judgment as interdependent causes remained. Appeal not treated as writ of mandate without verified petition and extraordinary grounds.
Order granting summary judgment is not appealable in and of itself.
As SJ that determined all C/As against one D did not constitute final determination of rights of parties re matters in controversy, judgment not appealable.