Waitin' on Nebraska

Warwick Cal. Corp. v. Applied Underwriters, Inc., No A155523 (D1d4 Jan. 7, 2020)

This is a multi-party insurance coverage dispute where most of the claims are stayed on non conveniens grounds pending a litigation in Nebraska. But the Court declined to stay the case for two California-based plaintiffs. It held a bench trial on their claims, ultimately issuing a statement of decision against them. But the Court did not enter a judgment.

Plaintiffs appealed anyway. They shouldn’t have done that because a statement of decision is not an appealable order. It is true that the trial court could have entered a partial judgment, notwithstanding the stay of the other plaintiffs’ claims. See Code Civ. Proc. § 578; Cal. R. Ct 3.1591. But it didn’t, apparently because there was a possibility that the Nebraska litigation could have some potential effect on this case.

Appeal dismissed.