Can a final judgment be appealed against where the trial judge failed to address the appellant's cross-complaint for indemnification?

California, United States of America


The following excerpt is from Easton v. Strassburger, 152 Cal.App.3d 90, 199 Cal.Rptr. 383 (Cal. App. 1984):

Before reaching the merits of this argument we must preliminarily address a related procedural matter. Although the trial judge entered judgment in favor of respondents as against all defendants, the judge failed to enter judgment on appellant's cross-complaint for indemnification. Since the judgment failed to address the cross-complaint it is not an appealable final judgment. (Tsarnas v. Bailey (1960) 179 Cal.App.2d 332, 337, 3 Cal.Rptr. 629.) We are constrained to note, however, that the special verdict of the jury and the rule of law expressed by the judge regarding the effect of a finding of "active" negligence leads inescapably to the conclusion that the judgment would have denied recovery to appellant had it been properly rendered on appellant's cross-complaint.

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