Can a grant of judgment pursuant to Code of Civil Procedure section 631.8 be appealed?

California, United States of America


The following excerpt is from Wendland v. Wendland, 93 Cal.Rptr.2d 550 (Cal. App. 2000):

17. The grant of judgment pursuant to Code of Civil Procedure section 631.8 is clearly appealable. Technically, there is no judgment here, but only a written statement of decision/order granting the section 631.8 motion. A judgment should have been entered. (See Modica v. Merin (1991) 234 Cal.App.3d 1072.) However, while we generally compel parties to adhere to the requirement of having a proper judgment entered before appealing, under the unique circumstances of this case, we will treat the order as a judgment.

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