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Appellate Practice,
Civil Litigation

Dec. 13, 2013

Creating an appealable judgment

What should you do when the trial court throws out the cause of action or legal theory at the heart of your case, but leaves some other causes of action or theories intact?

Alana H. Rotter

Partner
Greines, Martin, Stein & Richland LLP

5900 Wilshire Blvd 12th FL
Los Angeles , CA 90036

Phone: (310) 859-7811

Fax: (310) 276-5261

Email: arotter@gmsr.com

Alana handles civil appeals and writ petitions, including on probate and anti-SLAPP issue. She is certified as an appellate specialist by the State Bar of California Board of Legal Specialization.

See more...

What should you do when the trial court throws out the cause of action or legal theory at the heart of your case, but leaves some other causes of action or theories intact?

The trial court's order probably is not immediately appealable - most prejudgment orders aren't. (Code of Civil Procedure Section 904.1 provides a short list of exceptions.) Instead, interlocutory orders are usually reviewed as part of an appeal from the eventual final judgment that disposes of all caus...

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