Tuesday, June 30, 2015

The J-Word

Katzenstein v. Chabad of Poway, No. D066340 (D4d1 Jun. 12, 2015)

The trial court in this case struck Defendant’s counterclaim in an unsigned minute order because Defendant failed to comply with some procedures particular to probate court. Defendant appealed. But there’s no appellate jurisdiction because the order striking the claims wasn’t appealable. Under Although
§ 581d of the Code of Civil Procedure, a signed order that dismisses an action because a motion to strike or demurrer has is granted can be appealed as a final judgment, even if it doesnt use the j-word. But an unsigned minute order doesn’t cut it. Indeed, in this case, it appears that the trial court didn’t even intend to strike with prejudice, but just to require Defendant to resubmit the claims in accord with Probate court procedure. So an appeal was premature.

Appeal dismissed.

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