News & Publications

When a trial court dismisses one cause of action but leaves others intact, the parties have very limited options for immediate appellate review. The Supreme Court has held that the parties cannot create an appealable judgment by dismissing the remaining claims without prejudice while agreeing to toll the statute of limitations so that the claims can be revived after the appeal. In the Daily Journal, Alana Rotter discusses an alternative approach that one Court of Appeal finds acceptable: Dismiss all remaining claims without prejudice and without an agreement to toll the statute of limitations.