In In re Baycol Cases I & II (2011) 51 Cal.4th 751, the Supreme Court recognized that such a rule of preclusion is not compelled in all circumstances, for example, in the case before it. As discussed more fully post, there, the plaintiff failed to take an appeal from the trial court's order sustaining a demurrer to the class and substantive allegations without leave to amend, but waited to appeal until a judgment of dismissal was entered after the trial court denied the plaintiff's motion for reconsideration. The Supreme Court rejected the defendant's argument that because an order denying class certification was immediately appealable under the death knell doctrine, the plaintiff's appeal was untimely. (Baycol, at p. 762.)