PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......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.