PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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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.