In what circumstances will an order dismissing a section 17200 petition with prejudice be appealed?

California, United States of America


The following excerpt is from Betser v. Raab, B291853 (Cal. App. 2019):

In Kalenian v. Insen, supra, 225 Cal.App.4th 569, the trial court's order dismissing the appellants' section 17200 petition without prejudice "had the net effect of dismissing their probate action with prejudice. This is because the statute of limitations would have expired" by the time the appellants received notice of the dismissal order. (Id. at p. 575.) The appellants appealed from an order denying their motion to vacate the dismissal order. (Id. at p. 576.) Under the unique circumstances of the case, the appellate court concluded the order denying the motion to vacate was appealable as an order made after an appealable judgment. (See id. at pp. 576-579.)

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