Can a motion to dismiss be construed as a denial of motion?

California, United States of America


The following excerpt is from Reyes v. Macy's, Inc., 135 Cal.Rptr.3d 832, 202 Cal.App.4th 1119 (Cal. App. 2011):

claims should eventually be dismissed or may warrant judicial relief. Even if the present order is construed as a denial of the motion to dismiss, the order is interlocutory and is not yet subject to appeal. Code of Civil Procedure section 904.1 provides the general list of appealable orders and judgments. The denial of a motion to dismiss is not among them. This section codifies the common law "one final judgment rule" and prohibits the review of such interlocutory rulings until final resolution of the case. (Griset v. Fair Political Practices Com. (2001) 25 Cal.4th 688, 697, 107 Cal.Rptr.2d 149, 23 P.3d 43.)

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