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

In Don Jose's Restaurant, Inc. v. Truck Insurance Exchange (1997) 53 Cal.App.4th 115, the Court held parties cannot confer appellate jurisdiction by stipulation in order to obtain review of an order granting summary adjudication on some causes of action. The artifice attempted was a stipulation dismissing the remaining claims without prejudice, with an agreement that if the appellate court reversed summary adjudication, the action would proceed on all causes of action. (Don Jose's Restaurant, Inc. v. Truck Insurance Exchange, supra, 53 Cal.App.4th at p. 117.) The Court dismissed the appeal, holding the one final judgment rule prohibits an appeal from determination of some causes of action while others remained undecided. (Id at pp. 118-119.)