Ferguson v. Avelo Mortgage, LLC

Full title: SUSAN L. FERGUSON et al., Plaintiffs and Appellants, v. AVELO MORTGAGE…

Court: California Court of Appeals, Second District, Fourth Division

Date published: Jun 20, 2011

No. B223447 (Cal. Ct. App. Jun. 20, 2011)

Opinion

SUSAN L. FERGUSON et al., Plaintiffs and Appellants, v. AVELO MORTGAGE, LLC, Defendant and Respondent. B223447 California Court of Appeal, Second District, Fourth Division June 20, 2011

Los Angeles County Super. Ct. No. EC049118.

ORDER MODIFYING OPINION

THE COURT ^[*]

[*] EPSTEIN, P. J. WILLHITE, J. MANELLA, J.

It is ordered that the published opinion filed June 1, 3011, be modified as follows:

1. On page 4, the entire section I paragraph under DISCUSSION is to be modified as follows:

“Respondent argues this appeal is premature because the trial court entered an order of dismissal but did not enter a formal judgment. Generally, an appeal may be taken from a judgment (Code Civ. Proc., § 904.1), which is a “final determination of the rights of the parties in an action or proceeding.” (Code Civ. Proc., § 577.) Code of Civil Procedure section 581d provides that “[a]ll dismissals ordered by the court shall be in the form of a written order signed by the court and filed in the action and those orders when so filed shall constitute judgments and be effective for all purposes, and the clerk shall note those judgments in the register of actions in the case.” (See also In re Sheila B. (1993) 19 Cal.App.4th 187, 197 [an order of dismissal is a judgment for all intents and purposes and is generally appealable].) We treat the trial court’s order of dismissal as an appealable order and refer to it as such throughout our opinion.”

There is no change in the judgment.