Motions: Left Coast Choppers’ Motion to Amend Judgment and for Related Relief
Tentative Ruling:
To issue a nunc pro tunc order, dated October 15, 2018, dismissing the cross- complaint. To amend the existing judgment to so provide. Plaintiff Left Coast Choppers is directed to submit to this court, within 5 days of service of the minute order, a proposed amended judgment consistent with the court's order.
Explanation:
Every case may only have one final judgment. Generally, in order to be considered “final,” a judgment must adjudicate the claims asserted in both a complaint and cross-complaint. (Nicholson v. Henderson (1944) 25 Cal.2d 375, 381.) Here, Left Coast seeks dismissal of the cross-complaint, so that it may have one final judgment. This court is inclined to grant Left Coast’s request, pursuant to Sullivan v. Delta Air Lines, Inc. (1997) 15 Cal.4th 288.
At issue in Sullivan was the finality of the judgment that had been rendered, and the consequences related thereto. In that case,
Hearing Date
March 11, 2020
Type
06 Unlimited - Breach of Contract/Warranty
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Motions: Left Coast Choppers’ Motion to Amend Judgment and for Related Relief
Tentative Ruling:
To issue a nunc pro tunc order, dated October 15, 2018, dismissing the cross- complaint. To amend the existing judgment to so provide. Plaintiff Left Coast Choppers is directed to submit to this court, within 5 days of service of the minute order, a proposed amended judgment consistent with the court's order.
Explanation:
Every case may only have one final judgment. Generally, in order to be considered “final,” a judgment must adjudicate the claims asserted in both a complaint and cross-complaint. (Nicholson v. Henderson (1944) 25 Cal.2d 375, 381.) Here, Left Coast seeks dismissal of the cross-complaint, so that it may have one final judgment. This court is inclined to grant Left Coast’s request, pursuant to Sullivan v. Delta Air Lines, Inc. (1997) 15 Cal.4th 288.
At issue in Sullivan was the finality of the judgment that had been rendered, and the consequences related thereto. In that case,