28 Dec California’s One Final Judgment Rule
The short answer
In California, you can usually appeal only once, after the trial court has resolved every claim between the parties, including any cross-complaint (Code of Civil Procedure §904.1(a)(1)). An appeal from a judgment that leaves claims pending is generally dismissed as premature, unless the appellate court agrees to treat it as a petition for an extraordinary writ.
California has adopted the “one final judgment” rule, Code of Civil Procedure §904.1(a)(1). Under California’s “one final judgment” rule, a judgment that fails to dispose of all the causes of action pending between the parties is generally not appealable.
When Does the One Final Judgment Rule Apply?
Under California’s “one final judgment” rule, a judgment that fails to dispose of all the causes of action pending between the parties is generally not appealable. See, e.g., Morehart v. County of Santa Barbara (1994) 7 Cal.4th 725, 740-741. “There can be but one final judgment in an action, and that is one which in effect ends the suit in the court in which it is entered, and finally determines the rights of the parties in relation to the matter in controversy.” San Joaquin County Dept. of Child Support Services v. Winn (2008) 163 Cal.App.4th 296, 300. There are exceptions to the rule.
The “one final judgment rule” also generally applies in cases where there are both a complaint and a cross-complaint. If all the claims in one pleading are disposed of, but the claims asserted in the other pleading are not, then an appeal cannot be taken from the decision or judgment disposing of the claims in the single pleading.
In Angell v. Superior Court, 73 Cal.App.4th 657 (4th District, 1999), the Court of Appeal considered the situation where a complaint was adjudicated but the cross-complaint was not. The court in Angell said at page 661:
“The same principle applies [the ‘one final judgment’ rule] when some of the causes of action are alleged in a cross-complaint. Thus, when a judgment resolves a Complaint, but does not dispose of a cross-complaint pending between the same parties, the judgment is not final and thus not appealable. (Southern Pacific Land Co. v. Westlake Farms, Inc. (1987) 188 Cal.App.3d 807, 825-826, 233 Cal. Rptr. 794.) In that event, the appeal must be dismissed (Nicholson v. Henderson (1944) 25 Cal. 2d 375, 381, 153 P.2d 945), unless the appellate court chooses to treat the improper appeal as a petition for an extraordinary writ. (Morehart v. County of Santa Barbara, supra, 7 Cal.4th 725, 744-747, 29 Cal. Rptr. 2d 804, 872 P.2d 143.)”
What Are the Exceptions to the One Final Judgment Rule?
The rule is the starting point, not the whole picture. Code of Civil Procedure section 904.1(a) itself lists orders that may be appealed even though they are not the final judgment. They include an order made after an appealable judgment, an order granting a new trial, an order granting or dissolving an injunction, an order appointing a receiver, an order directing payment of monetary sanctions exceeding $5,000, and an order granting or denying a special motion to strike under the anti-SLAPP statute.
Courts also recognize limited judge-made exceptions. Under the collateral order doctrine, an order that finally determines a matter collateral to the main action and directs the payment of money or the performance of an act may be appealed. And in a case with multiple parties, a judgment that disposes of all the issues as to one party is generally treated as final as to that party, even though the action continues against the others.
These exceptions are narrow, and each has its own requirements. If you are unsure whether an order is appealable, find out before the deadline to appeal runs, because a late appeal cannot be saved.
What If Your Appeal Cannot Wait?
There are times where the appellant must take an appeal where circumstances call into question the timeliness of an appeal if one waits. In those circumstances, it therefore behooves an appellant to ask the court to treat the first appeal as a petition for an extraordinary writ. See, e.g., Morehart v. County of Santa Barbara, supra, 7 Cal.4th 725, 745-747, 29 Cal. Rptr. 2d 804, 872 P.2d 143; Olson v. Cory, supra, 35 Cal.3d 390, 400-401, 197 Cal. Rptr. 843, 673 P.2d 720.
If you are nevertheless instructed by the court of appeal to file your opening brief after having advised the court that there are still pending disputes between the parties in the Superior Court, then you must comply with that directive, but be sure to make a record of it in the introductory part of your brief. The proper course for the court to take on appeal is to either dismiss (without prejudice) as being premature or simply stay the appeal.
When faced with such a decision, the court in Lemaire v. All City Employees Assn., 35 Cal.App.3d 106 (2nd District, 1973) elected not to treat the appeal as a writ, but then proceeded to dismiss the appeal as premature. The reason is simple: “Any decision by a court which lacks jurisdiction is ineffectual. Therefore, to render a decision on the appeal would be a futile act. It is the duty of the court, on its own motion, to dismiss an appeal from a nonappealable order. (Olmstead v. West, 177 Cal. App. 2d 652 [2 Cal. Rptr. 443]; David v. Goodman, 89 Cal. App. 2d 162 [200 P.2d 568].)”
What To Do If an Appeal Is Premature
It is thus good practice when faced with an appeal of a case that does not have all matters adjudicated to seek a dismissal of that appeal without prejudice on the ground that it is premature. That will get you the most favorable outcome. You may request that it be treated as a writ, but do not hold your breath. You can also move to stay and consolidate with additional appeals if taken, at a later stage.
To completely button things up, you ought to request that the appellate court issue an order directing the lower court not to alter the order on appeal. If you did not file a writ of supersedeas relative to that adverse judgment you appealed, this is the time to do it.
Frequently Asked Questions
What is California’s one final judgment rule?
Under Code of Civil Procedure §904.1(a)(1), a judgment is generally appealable only when it disposes of all the causes of action pending between the parties. A judgment that leaves some claims unresolved is generally not appealable.
Can I appeal if a cross-complaint is still pending?
Generally no. When a judgment resolves a complaint but does not dispose of a cross-complaint pending between the same parties, the judgment is not final and not appealable (Angell v. Superior Court, 73 Cal.App.4th 657).
What happens if I file an appeal too early?
The appeal is generally dismissed as premature. The appellate court may choose to treat the improper appeal as a petition for an extraordinary writ, but it is not required to (Morehart v. County of Santa Barbara; Lemaire v. All City Employees Assn.).
Are there exceptions to the one final judgment rule?
Yes. Code of Civil Procedure section 904.1(a) lists orders that can be appealed before a final judgment, such as orders on injunctions, orders granting a new trial, sanctions over $5,000 and anti-SLAPP rulings, and courts recognize narrow exceptions such as the collateral order doctrine. Whether one applies depends on the facts and procedural posture of your case, which is worth reviewing with an attorney before you file.
About the author
Ngozi E. Bolin, Esq. has been admitted to practice in New York since 1991 and California since 2013, with three decades of experience in litigation and jury and bench trials. She is the author of the Law Made Simple series of plain-English legal guides.
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This article is general information, not legal advice for your specific situation.
