Is a motion to strike a plaintiff's complaint a "final judgment"?

California, United States of America


The following excerpt is from Himmel v. City Council of Burlingame, 169 Cal.App.2d 97, 336 P.2d 996 (Cal. App. 1959):

* The only orders directly appealable among the above broad designation are those granting defendants' motions to strike the original and amended complaints and orders setting aside defaults and default judgments. While the order striking complaints are not any of those mentioned in section 963, Code of Civil Procedure, such an order has been held appealable under that section as a 'final judgment' if the order granting the motion to strike operated to remove the cause of action alleged and to leave no issues to be determined between the plaintiff and the defendants. See Wilson v. Sharp, 1954, 42 Cal.2d 675, 268 P.2d 1062, and cases there cited. The orders setting aside defaults and default judgments are appealable under the section as they are orders made after judgment.

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