Clerk's minute order 'Granting Summary Judgment' was not an Entry of Judgment

Under California law, a party cannot appeal a summary judgment ruling until the trial court has entered judgment. CCP § 437c(m)(1). California Rules of Court, rule 8.104(a) sets time limits for appealing a judgment. In this case, defendant brought a summary judgment motion, and prevailed. Court clerk served a minute order entitled “Order Granting Summary Judgment.” However, the proposed judgment was never signed or entered. Held: order granting summary judment was not an entry of judgment because it did not contained an “express declaration of the ultimate rights of the parties”.
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Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.