Can a notice of appeal against a minute order dismissing a complaint be considered a judgment of dismissal?

California, United States of America


The following excerpt is from Nguyen v. Tom Vo's Taekwondo Acad., Inc., G051952 (Cal. App. 2017):

9. Section 581d requires that all dismissals ordered by the court be in the form of a written order signed by the court. The minute order dismissing plaintiff's complaint was not signed by the court. "However, in the interest of justice and to prevent unnecessary delay, a reviewing court may deem the order appealed from as incorporating a judgment of dismissal and treat the notice of appeal as applying to that dismissal. [Citation.] We will do so here." (Childs v. PaineWebber Incorporated (1994) 29 Cal.App.4th 982, 988, fn. 2.)

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