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”.
Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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