What is the effect of an order involuntarily dismissing an action?
California, United States of America
The following excerpt is from Morris B. Silver M.D., Inc. v. Int'l Longshore & Warehouse Union—Pac. Mar. Ass'n Welfare Plan, 2 Cal.App.5th 793, 206 Cal.Rptr.3d 461 (Cal. App. 2016):
6 We consider the court's order involuntarily dismissing Silver's action to be comparable to an order dismissing a lawsuit after the court has sustained a demurrer with leave to amend and the plaintiff has chosen not to amend. As such, it is appealable under Code of Civil Procedure section 904.1, subdivision (a)(1). (See County of Santa Clara v. Atlantic Richfield Co . (2006) 137 Cal.App.4th 292, 312, 40 Cal.Rptr.3d 313 ; see also Topa Ins. Co v. Fireman's Fund Ins. Companies (1995) 39 Cal.App.4th 1331, 1336, 46 Cal.Rptr.2d 516.)
6 We consider the court's order involuntarily dismissing Silver's action to be comparable to an order dismissing a lawsuit after the court has sustained a demurrer with leave to amend and the plaintiff has chosen not to amend. As such, it is appealable under Code of Civil Procedure section 904.1, subdivision (a)(1). (See County of Santa Clara v. Atlantic Richfield Co . (2006) 137 Cal.App.4th 292, 312, 40 Cal.Rptr.3d 313 ; see also Topa Ins. Co v. Fireman's Fund Ins. Companies (1995) 39 Cal.App.4th 1331, 1336, 46 Cal.Rptr.2d 516.)
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