Thursday, July 30, 2015

Clearing the Decks for Appeal

Flowers v. Prasad, No. B260140 (D2d4 Jul. 17, 2015)

Plaintiff, who relies on a service dog, sued a restaurateur under the California Disabled Persons Act and the Unruh Act, because the restaurant wouldn’t let him bring his dog in. The trial court granted a demurrer on the Unruh Act claim. Plaintiff had the court dismiss the remaining DPA claim without prejudice to get to a final judgment to expedite his appeal. That procedure is ok. Although a voluntary dismissal isn’t generally appealable, it is when it follows an order dismissing significant claims in a case. There are some exceptions that address manipulation of appellate jurisdiction when the dismissal isn’t really final, but those aren’t at issue here.

The court goes on to reverse the grant of the demurrer on the Unruh Act claim.


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