Four Point Entertainment, Inc. v. New World Entertainment, Ltd

In Four Point Entertainment, Inc. v. New World Entertainment, Ltd. (1997) 60 Cal.App.4th 79, the trial court granted the defendant's summary adjudication motion on some, but not all, of the plaintiff's causes of action. (Id. at p. 81.) The parties entered into a stipulation for dismissal of the remaining causes of action, "expressing their intent 'that the filing and the prosecution of an appeal in this action shall not prejudice either party's future right to prosecute such claims and causes of action that are being voluntarily dismissed by both parties following the conclusion of the appeal process.' " (Id. at pp. 81-82, ) The trial court entered a "final judgment" in defendant's favor and dismissed all of the plaintiff's remaining causes of action. (Id. at p. 82.) On appeal, Four Point agreed with the reasoning of Don Jose's and Jackson. (Id. at p. 83.) It concluded there was no reason to permit the plaintiff "to get in line for appellate review ahead of those who are awaiting entry of appealable orders and final judgments. . . . If we permitted stipulated 'final' judgments in every case like this one, we would in effect be permitting the parties to confer jurisdiction upon us where none exists. " (Ibid.)