Can a Superior Court order dismissing a cause of action for bad faith breach of contract be appealed from a judgment in the Municipal Court?

California, United States of America


The following excerpt is from Uptain v. Duarte, 206 Cal.App.3d 1258, 254 Cal.Rptr. 150 (Cal. App. 1988):

This reasoning is applicable here. Since an appeal from a judgment on the breach of contract cause of action rendered in the municipal court would be taken to the appellate department of the superior court, which does not have the power to review the propriety of the superior court's order granting partial judgment on the pleadings (Code Civ.Proc., 77, subd. (e), 906), that superior court order must be reviewed on this appeal or it will not be reviewed at all. As in Keenan, "[t]he superior court has finally determined that it has no jurisdiction of the proceeding." (Keenan v. Dean, supra, 134 Cal.App.3d at p. 192, 285 P.2d 300.) Thus, in effect, the order granting partial judgment on the pleadings was a final judgment of dismissal as to the second cause of action for bad faith breach of contract. That order is therefore appealable.

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