Thought And Attention Needed For Calculating Time To File An Appeal.

The court granted defendant’s motion for summary adjudication on June 27, 2012. On September 10, 2012, plaintiff filed a request for dismissal of the remaining causes of action. On April 16, 2013, a “Judgment by the Court Under Code of Civil Procedure section 437c” was filed by plaintiff. On May 6, 2013, plaintiff filed a notice of appeal from the April 16 judgment. Defendant filed a motion to dismiss the appeal, contending it was untimely. The Court of Appeal granted the motion to dismiss, stating: “We conclude that an appealable judgment was created when [plaintiff] filed a request for dismissal without prejudice of all of their causes of action that remained after a grant of summary adjudication against them.” (Dattani v. Lee (Cal. App. First Dist., Div. 3; December 19, 2013) (As Mod. January 14, 2014) 222 Cal.App.4th 411.)