PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Summary Adjud. Posthearing
.........Appeal Not OK
5 Cards On This Topic:
  • Order granting SA not appealable when there is only one cause of action and issues remain for determination at trial.
  • Partial SJ on one cause of action not appealable where other cause of action remained and there was thus no final judgment.
  • Parties cannot create appealable order from nonappealable SA grant by dismissing remaining causes of action without prejudice by means of artificial stipulation.
  • Parties cannot stipulate to dismiss remaining cause of action without prejudice in attempt to create appealable order from nonappealable SJ/SA grant.
  • Where causes of action remain unadjudicated, parties cannot stipulate to judgment, Court of Appeal has no jurisdiction and case must be dismissed.