Jackson v. Wells Fargo Bank

In Jackson v. Wells Fargo Bank (1997) 54 Cal.App.4th 240, the trial court granted the defendant's summary adjudication motion on all but one cause of action. (Id. at p. 242.) The parties then agreed to a stipulated dismissal, without prejudice, of the remaining cause of action on the condition that the plaintiff could file a new complaint alleging that cause of action and any other cause of action that the appellate court deemed viable. (Id. at pp. 242-243.) Pursuant to that stipulation, "a so-called 'Final Judgment' was entered" in favor of the defendant, from which the plaintiff filed a notice of appeal. (Id. at p. 243.) Jackson agreed with the reasoning of Don Jose's and noted: "There is even less finality here than there. . . . Here, the appellant secured the delightful stipulation that, even if the appellate court were to affirm the summary adjudication striking the seven causes of action, he could still proceed with his remaining malicious prosecution cause of action. We can scarcely conceive of anything more clearly inconsistent with finality than such a stipulation." (Id. at p. 244.) Although the record contained a document titled "Final Judgment," Jackson concluded: "It is patently no such thing by the very terms of the stipulation pursuant to which it was filed. It is clear that no effect can or should be given to such a label if the judgment does not in fact conclude matters between the parties. " (Ibid.)