Don Jose's Restaurant, Inc. v. Truck Ins. Exchange

In Don Jose's Restaurant, Inc. v. Truck Ins. Exchange (1997) 53 Cal.App.4th 115, the plaintiffs sued the defendant insurance companies on multiple causes of action. After the trial court granted summary adjudication of two of the causes of action, the parties stipulated that the plaintiffs would dismiss all of the remaining causes of action without prejudice, and with a waiver of all applicable statutes of limitation. (Id. at p. 117.) The court of appeal "condemned the artifice of trying to create an appealable order from an otherwise nonappealable grant of summary adjudication by dismissing the remaining causes of action without prejudice but with a waiver of applicable time bars." (Id. at p. 116.) The court indicated the case was not one in which there was in substance a final disposition of all issues, and the parties lacked only a formal final judgment. (Ibid.) The court concluded it was clear that all of the issues between the parties had not been resolved, and further that "the one final judgment rule does not allow contingent causes of action to exist in a kind of appellate netherworld." (Id. at p. 118.) The appeal was dismissed for lack of jurisdiction. (Id. at p. 119.)