Higgins v. Superior Court, No. D071353 (D4d1 Sept. 28, 2017)
P filed a complaint in May 2012. She named D1 and a bunch of Does, serving D1 soon thereafter. D1 proceeded to go Chapter 7, staying P’s case. Two-and-a-half years later, the bankruptcy case was discharged, lifting the stay. Based on stuff she claims to have learned during the BK case, P subbed in D2 for a Doe and served her in August 2016.
Showing posts with label without prejudice. Show all posts
Showing posts with label without prejudice. Show all posts
Tuesday, October 17, 2017
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.
Reversed.
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.
Reversed.
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