If a court grants summary judgment on some claims, under what condition is it appealable?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

A court can grant summary judgment on some claims and make that decision appealable if it expressly states that there is no just reason for delay. This is governed by California Rule of Court 3.1300, which allows for an immediate appeal of an order that finally disposes of fewer than all causes of action or parties involved in a case, as long as the court makes a specific finding regarding the lack of just reason for delay.

This determination is crucial because it reflects the court's intent to allow for an appeal at that stage, rather than requiring parties to wait until all matters are resolved in the trial court. By issuing this ruling, the court acknowledges that the resolved claims are sufficiently separate from the remaining claims that an appeal could be heard without hindrance to judicial economy.

The other options do not meet the criteria for appealability as effectively or require circumstances that are not present in the type of summary judgment being discussed. For example, simply granting summary judgment on any claim or waiting until all claims are settled does not inherently establish conditions for appealability; those situations could require the completion of all proceedings beforehand. Thus, it is this explicit ruling regarding the absence of just cause for delays that ensures the summary judgment ruling can be appealed immediately.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy